dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that the beneficiary was working within the scope of the originally approved petition. A site visit and subsequent interviews revealed discrepancies, and contracts submitted on appeal were too vague and suggested the beneficiary was being contracted out to third parties rather than working on the petitioner's internal IT applications as claimed.
Criteria Discussed
Employment Outside Scope Of Petition Incorrect Labor Condition Application (Lca) Violation Of Petition Terms Specialty Occupation
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