dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'software developer' qualifies as a specialty occupation. The petitioner did not provide sufficient evidence of definitive, non-speculative employment for the beneficiary at the time of filing, as demonstrated by changing work locations and an incomplete contractual chain to the end-client.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Beneficiary Qualifications Availability Of Non-Speculative Work
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