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 the existence of definitive, non-speculative employment for the beneficiary. The submitted work orders contained inconsistent job titles and employment dates that did not cover the requested H-1B period. Because the petitioner could not establish the substantive nature of the work, it failed to demonstrate that the proffered position qualifies as a specialty occupation.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Availability Of Non-Speculative Work Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Are Specialized And Complex
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