dismissed H-1B Case: Physical Therapy
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Decision Summary
The appeal was dismissed because the petitioner, a staffing company, failed to provide sufficient evidence that the end-client's position qualified as a specialty occupation. Citing Defensor v. Meissner, the AAO determined that the petitioner needed to submit a detailed job description from the entity where the beneficiary would actually perform the work. The employment agreement between the petitioner and the beneficiary was deemed insufficient to meet this burden of proof.
Criteria Discussed
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