Dismissed
H-1B
H-1B Dismissed — Software Engineering (2017): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered position qualifies as a specialty occupation. The record lacked sufficient evidence from the end-client detailing the job requirements. Furthermore, the submitted Statement of Work contained major discrepancies, including naming the wrong client and having inconsistent start dates, failing to establish that definite, non-speculative work was secured for the beneficiary.
Criteria Discussed
Specialty Occupation Definition Degree Requirement Normal For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties End-Client Work Requirements Non-Speculative Employment
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