H-1B Remanded — Software Engineering (2017): the record did not establish that the proffered position

Decision Summary

The appeal was remanded because the record did not establish that the proffered position qualifies as a specialty occupation or that the Petitioner would have a valid employer-employee relationship with the Beneficiary. The AAO found inconsistencies in the end-client documentation regarding the Beneficiary's assignment and the project duration, leading to a conclusion that the work was speculative and not guaranteed for the entire requested period.

Criteria Discussed

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