Dismissed
H-1B
H-1B Dismissed — Agricultural Research (2006): did not establish the beneficiary was qualified to perform
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the proffered researcher position. The petitioner did not provide sufficient evidence, such as a credentials evaluation or detailed course descriptions, to demonstrate that the beneficiary's foreign education and experience were equivalent to the required U.S. bachelor's degree in a relevant specialty.
Criteria Discussed
Beneficiary Qualifications For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Equivalency To A U.S. Bachelor'S Degree (8 C.F.R. § 214.2(H)(4)(Iii)(D)) Expired Labor Condition Application (Lca)
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