H-1B Dismissed — Software Development (2015): did not establish the proffered position of a software

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of a software quality assurance tester qualifies as a specialty occupation. The Director also found that the petitioner did not comply with Labor Condition Application (LCA) requirements and did not establish that a valid employer-employee relationship would exist. The AAO agreed with the Director's findings and affirmed the denial.

Criteria Discussed

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