dismissed
H-1B
dismissed H-1B Case: Computer Programming
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the part-time computer programmer position qualifies as a specialty occupation. The AAO determined, referencing the Occupational Outlook Handbook, that a bachelor's degree is not a standard minimum requirement for such a role. Additionally, the petitioner did not resolve inconsistencies in the record regarding its business operations, casting doubt on the bona fides of the proffered position.
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 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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