Dismissed
H-1B
H-1B Dismissed — Computer Engineering (2006): did not establish the proffered position of a computer
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered position of a computer engineer qualifies as a specialty occupation. The AAO determined the petitioner did not establish that a bachelor's degree is the normal minimum requirement for the position, is common in the industry for similar roles, or that the duties are sufficiently complex. Discrepancies in the petitioner's financial records also undermined the claim that it had a bona fide specialty occupation position available.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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