H-1B Sustained — Software Development (2007): the director denied the petition, finding that the

Decision Summary

The director denied the petition, finding that the petitioner did not establish it was a U.S. employer or that the position was a specialty occupation, partly due to the lack of an employment itinerary. The appeal was sustained because the petitioner clarified the beneficiary would work in-house on a software development project, not as a consultant at various client sites. This clarification established the petitioner's role as a direct employer, negated the need for an itinerary, and demonstrated compliance with the Labor Condition Application (LCA).

Criteria Discussed

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