dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate it had secured definite, non-speculative specialty occupation work for the beneficiary for the entire requested employment period at the time the petition was filed. The petitioner admitted that initial projects were prospective and later failed, and a subsequent service agreement was executed after the filing date and did not guarantee work for the full duration.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Availability Of Non-Speculative Work For The Entire Requested Employment Period
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