dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform at the end-client's location. The submitted contractual documents, such as the services agreement and purchase order, were incomplete or lacked sufficient detail to describe the specific job duties. This failure to provide evidence of the actual work precluded a determination that the position qualified as a specialty occupation.
Criteria Discussed
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