dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered "software engineer" position qualifies as a specialty occupation. The record lacked sufficient, consistent information regarding the beneficiary's duties, and the petitioner's response to an RFE significantly changed the job description rather than clarifying it, which prevented a proper analysis of the position's requirements.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)
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