Dismissed
H-1B
H-1B Dismissed — Software Engineering (2020): did not establish the existence of a definitive,
Decision Summary
The appeal was dismissed because the petitioner failed to establish the existence of a definitive, non-speculative job for the beneficiary. The submitted contracts and work orders did not sufficiently prove that the end-client had an actual position available for the entire requested period. Furthermore, the description of the job duties was too vague and generic to demonstrate that the position qualified as a specialty occupation requiring a specific bachelor's degree.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Existence Of Definitive, Non-Speculative Employment
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