dismissed
H-1B
dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner failed to establish the existence of a specific, non-speculative project to which the beneficiary would be assigned. The submitted evidence, such as the Master Subcontract Agreement, lacked a specific purchase order or statement of work from the end-client, making it impossible to determine the substantive nature of the proffered position and whether it qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Definition Requirement Of A Bachelor'S Degree In A Specific Specialty Existence Of A Non-Speculative Project For The Beneficiary Evidence Of End-Client Work Requirements Consistency And Specificity Of Job Duties
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