H-1B Dismissed — Software Engineering (2020): did not establish a definitive, non-speculative job existed

Decision Summary

The appeal was dismissed because the petitioner failed to establish that a definitive, non-speculative job existed for the beneficiary at the time of filing. The contractual evidence provided was outdated by nearly six years and contained inconsistencies regarding the work location, which precluded a determination of whether the position qualified as a specialty occupation.

Criteria Discussed

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