Dismissed
H-1B
H-1B Dismissed — Software Quality Assurance (2020): did not establish non-speculative work was available for
Decision Summary
The appeal was dismissed because the petitioner failed to establish that non-speculative work was available for the beneficiary throughout the requested period. The decision noted inconsistencies, credibility concerns, and incomplete documentation regarding the contractual chain involving a mid-vendor and end-client, making it impossible to ascertain the need for or nature of the beneficiary's work.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require A Degree
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