dismissed H-1B

dismissed H-1B Case: Software Engineering

📅 Date unknown 👤 Company 📂 Software Engineering

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Decision Summary

The appeal was dismissed because the petitioner, a two-person startup, failed to provide sufficient evidence to substantiate its business activities and demonstrate it had enough H-1B caliber work for the beneficiary for the requested period. The petitioner did not submit a business plan, financial documentation, contracts, or a project timeline, leading to the conclusion that the proposed employment was speculative. Additionally, given the small size of the company, the petitioner did not establish how the beneficiary would be relieved from performing non-qualifying duties.

Criteria Discussed

Normal Degree Requirement For Position Degree Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex

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