dismissed H-1B Case: Software Engineering
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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
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