Sustained
H-1B
H-1B Sustained — E-Commerce (2020): established it does not place individuals at third-party
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated that it does not place individuals at third-party locations, a key point of contention. As a result, the AAO concluded that the petitioner had proven by a preponderance of the evidence that the proffered position meets the regulatory and statutory definitions of a specialty occupation.
Criteria Discussed
Specialty Occupation Third-Party Worksite 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Ina § 214(I)(1)
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