dismissed
H-1B
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 'software developer' position qualifies as a specialty occupation. The petitioner did not provide definitive, non-speculative evidence of the work the beneficiary would perform, submitting heavily redacted and incomplete contractual documents that failed to substantiate the terms of the end-client assignment.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship
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