H-1B Dismissed — Software Engineering (2016): did not establish sufficient evidence to substantiate its

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

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