H-1B Dismissed — Software Engineering (2017): did not establish the proffered position for a senior

Decision Summary

The appeal was dismissed because the petitioner did not establish that the proffered position for a senior software engineer qualifies as a specialty occupation. The AAO also raised the issue of whether a valid employer-employee relationship exists, as the beneficiary would work off-site at a client location, and found the petitioner had not sufficiently established this relationship as required by regulation.

Criteria Discussed

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