Dismissed
H-1B
H-1B Dismissed — Computer Programming (2017): did not establish the proffered position of 'senior
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'senior software engineer' qualifies as a specialty occupation. The record did not describe the position's duties with sufficient detail, nor did it establish that the duties require an educational background commensurate with a specialty occupation. Furthermore, there was a lack of credible evidence that the petitioner had secured H-1B caliber work for the beneficiary at the time the petition was filed.
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, In The Alternative, An Employer May Show That Its Particular 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 Are 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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