dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position as a systems software engineer qualifies as a specialty occupation. The evidence submitted did not describe the beneficiary's duties with sufficient detail to demonstrate they required a bachelor's degree in a specific field. Additionally, the contractual agreements between the petitioner, vendors, and end-client lacked specificity about the actual work and undermined the petitioner's claim of controlling the beneficiary's employment.
Criteria Discussed
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