dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner, an employment contractor, failed to provide a required itinerary of definite employment for the beneficiary. Although the AAO found that an employer-employee relationship existed, the petitioner did not submit contracts or a detailed schedule of work at third-party client sites, and thus failed to establish that a specialty occupation position existed for the full duration of the requested employment period.
Criteria Discussed
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