H-1B Dismissed — Occupational Therapy (2005): did not establish sufficient evidence that a specialty

Decision Summary

The appeal was dismissed because the petitioner, a medical staffing company, failed to provide sufficient evidence that a specialty occupation position existed at the end-client's worksite. The petitioner did not submit contracts or other documentation from the end-client (Plymouth House Health Care Center) to describe the specific duties the beneficiary would perform, making it impossible to determine if the role qualified as a specialty occupation. The decision also noted deficiencies related to the Labor Condition Application (LCA) and the beneficiary's qualifications.

Criteria Discussed

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