H-1B Dismissed — Software Development (2020): did not establish a definitive, non-speculative position

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

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