H-1B Dismissed — Software Development (2020): did not establish the existence of definite,

Decision Summary

The appeal was dismissed because the petitioner failed to establish the existence of definite, non-speculative employment for the beneficiary at the end-client worksite. The submitted contract was missing a key exhibit detailing the scope of services, and the provided work order was for an offshore position, not the onshore position requested. Consequently, the AAO could not determine the substantive nature of the duties to assess whether the position qualifies as a specialty occupation.

Criteria Discussed

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