dismissed H-1B Case: Landscape Architecture
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Decision Summary
The appeal was dismissed because the petitioner submitted inconsistent and contradictory evidence regarding the nature of the position. The petitioner initially described the job as a "drafter" on the Form I-129 and LCA, but later claimed on appeal that it was a "landscape architect" position, which has different educational, wage, and licensure requirements. This failure to consistently establish the nature of the job meant the petitioner could not prove it qualified as a specialty occupation.
Criteria Discussed
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