dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner, a software development firm acting as an employment contractor, failed to prove the proffered position was a specialty occupation. The petitioner did not provide a sufficiently detailed contract or statement of work from the end-client to describe the specific duties the beneficiary would perform, making it impossible to determine if the job actually required a specialized bachelor's degree.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Degree Requirement Or Complexity Of Position Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Employer-Employee Relationship Itinerary And Contracts For Off-Site Employment
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