H-1B Dismissed — Software Development (2016): did not establish the proffered position of software

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of software developer qualifies as a specialty occupation. The AAO found significant discrepancies and inconsistencies in the evidence regarding the petitioner's in-house projects, including conflicting personnel requirements and inadequate project budgets. These issues, combined with weak financial records, cast doubt on the scope and legitimacy of the claimed projects and the petitioner's actual need for the beneficiary's services.

Criteria Discussed

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