Dismissed
H-1B
H-1B Dismissed — Software Development (2020): did not establish the proffered 'software developer'
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
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Employer-Employee Relationship Availability Of Specialty Occupation Work For Requested Period
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