Dismissed
H-1B
H-1B Dismissed โ Software Engineering (2020): did not establish the proffered 'software engineer'
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered 'software engineer' position qualifies as a specialty occupation. The record lacked a sufficiently detailed job description to demonstrate the substantive nature of the work and why it would require a bachelor's degree in a specific field. Additionally, the Statements of Work (SOWs) were inconsistent and did not establish that non-speculative work was available for the beneficiary for the entire requested period.
Criteria Discussed
Non-Speculative Work Availability Specialty Occupation Definition 8 C.F.R. ยง 214.2(H)(4)(Iii)(A) Criteria
๐ Original decision (USCIS PDF)
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