H-1B Dismissed — Computer Programming (2016): did not establish the proffered computer programmer

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered computer programmer position qualifies as a specialty occupation. The AAO found that the petitioner did not describe the duties with sufficient detail and provided inconsistent information regarding the worksite and the availability of work. Ultimately, the petitioner did not establish that the duties were so specialized and complex as to require a bachelor's degree in a specific specialty.

Criteria Discussed

Sign up free to download the original PDF