Dismissed
H-1B
H-1B Dismissed — Software Development (2016): did not establish it had definite, non-speculative
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that it had definite, non-speculative specialty occupation work available for the beneficiary for the entire requested period at the time of filing. The AAO noted that two of the three listed projects no longer existed, and the evidence for the third project was a service agreement executed after the petition was filed and was terminable with short notice.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Availability Of Non-Speculative Work For The Entire Requested Period
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