Dismissed
H-1B
H-1B Dismissed — Software Development (2020): did not establish the substantive nature of the work the
Decision Summary
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. This was due to insufficient evidence of non-speculative employment, including gaps in the contractual chain between the petitioner and the end-client, and material inconsistencies in the provided documentation. Consequently, it could not be determined if the position qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree Employer-Employee Relationship Availability Of Non-Speculative Work
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →