Dismissed
H-1B
H-1B Dismissed — Management Consulting (2020): did not establish the availability of definitive,
Decision Summary
The appeal was dismissed because the petitioner failed to establish the availability of definitive, non-speculative specialty occupation work for the beneficiary. The contractual evidence, including a master services agreement, was deemed insufficient as it was open-ended, terminable at will, and did not include a specific Statement of Work (SOW) or other binding agreement proving the end-client had an obligation to provide qualifying work for the requested period.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Availability Of Specialty Occupation Work
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