Dismissed
H-1B
H-1B Dismissed — Computer Networking (2006): did not establish the proffered position of a network
Decision Summary
The appeal was dismissed because the petitioner, a computer networking business, failed to establish that the proffered position of a network systems analyst qualified as a specialty occupation. The AAO determined that none of the four regulatory criteria were met, referencing the Occupational Outlook Handbook to conclude that a bachelor's degree is not a standard minimum requirement for such a role. The petitioner also failed to demonstrate that the duties were uniquely complex or that a degree requirement was common for similar positions in the industry.
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 Or 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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