dismissed H-1B Case: Management Consulting
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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
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