dismissed H-1B Case: Software Development
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Decision Summary
The motion to reopen and reconsider was denied because the petitioner failed to overcome the prior dismissal's findings. The petitioner did not provide sufficient evidence to establish a valid employer-employee relationship, failing to show who controlled the beneficiary's work at the end-client's site. Additionally, the petitioner did not demonstrate that the proffered 'programmer analyst' position qualified as a specialty occupation requiring a degree in a specific field.
Criteria Discussed
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