Dismissed
H-1B
H-1B Dismissed — Software Development (2016): did not establish definite, non-speculative specialty
Decision Summary
The appeal was dismissed because the petitioner failed to establish that definite, non-speculative specialty occupation work would exist for the beneficiary at the time the petition was filed. The petitioner did not provide evidence of specific projects or assignments for the beneficiary, and a petition cannot be approved based on speculation of future work or eligibility.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Availability Of Specialty Occupation Work Employer-Employee Relationship
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