H-1B Dismissed — Software Development (2020): did not establish a specialty occupation position existed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a specialty occupation position existed for the beneficiary at the time of filing. The provided client contracts were either expired or did not show the beneficiary had been assigned to a specific project. Furthermore, the petitioner did not describe the proffered duties in sufficient detail to prove they were so specialized and complex as to require a bachelor's degree in a specific field.

Criteria Discussed

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