dismissed H-1B

dismissed H-1B Case: Computer Programming

📅 Date unknown 👤 Company 📂 Computer Programming

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'senior programmer' position qualifies as a specialty occupation. The AAO concluded that, based on the Department of Labor's Occupational Outlook Handbook, a bachelor's degree is not definitively the normal minimum requirement for computer programmer positions, as some employers accept an associate's degree. The petitioner's arguments about the position's wage level did not sufficiently prove the complexity of the duties required a specific bachelor's degree.

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 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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dismissed H-1B Case: Computer Programming

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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