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 a definitive, non-speculative position existed for the beneficiary at the end-client's worksite. The submitted contracts and statements of work were insufficient to prove the existence and substantive nature of the job, which precluded a finding that the position qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Non-Speculative Employment End-Client Work Requirements
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