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 developer' position qualifies as a specialty occupation. The petitioner did not provide sufficient detail about the substantive nature of the work, especially given the complex contractual chain involving multiple vendors and an end-client. The submitted evidence was insufficient to prove that non-speculative, specialty occupation work would be available for the beneficiary for the requested period.
Criteria Discussed
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