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 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
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