H-1B Dismissed — Software Development (2006): did not establish an H-1B level position actually existed

Decision Summary

The appeal was dismissed because the petitioner, a software consulting company, failed to prove that an H-1B level position actually existed for the beneficiary at the time of filing. The petitioner did not provide evidence of a contract or a sufficient itinerary detailing specific work, locations, and dates of employment. A submitted 'Master Sub-Contractors' Agreement' was found deficient as it did not identify any specific work and was not fully executed.

Criteria Discussed

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