Dismissed
H-1B
H-1B Dismissed — Software Engineering (2007): did not establish the position offered to the beneficiary
Decision Summary
The appeal was dismissed because the petitioner, a software consulting firm, failed to establish that the position offered to the beneficiary at a third-party client site qualified as a specialty occupation. The petitioner did not provide sufficient evidence, such as a detailed statement of work from the end-client, to describe the specific duties and prove that they required a bachelor's degree in a specific field. Evidence submitted on appeal was dated after the petition's filing date and was therefore not considered.
Criteria Discussed
Whether The Position Qualifies As A Specialty Occupation Normal Minimum Requirement Of A Bachelor'S Degree Or Equivalent Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer'S Normal Degree Requirement For The Position Whether The Duties Are So Specialized And Complex As To Require A Degree Itinerary Requirement For Employment At Third-Party Worksites Evidence Of The End-Client'S Job Requirements For Employment Contractors
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