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 work for the beneficiary for the requested employment period. The submitted master services agreement was open-ended and terminable at will, and the petitioner did not provide a specific Statement of Work (SOW) or other binding agreement detailing the beneficiary's duties and the end-client's obligation to provide work.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →