dismissed H-1B

dismissed H-1B Case: Computer Programming

📅 Date unknown 👤 Company 📂 Computer Programming

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualified as a specialty occupation. The AAO found that the petitioner did not meet any of the four regulatory criteria, noting that the Occupational Outlook Handbook indicates a bachelor's degree is not always required for such roles. The petitioner's credibility was also questioned due to inconsistencies, such as changing the beneficiary's proposed work location without providing a revised, specific job description.

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 Requires 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 The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.

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dismissed H-1B Case: Computer Programming

Decision Summary

Criteria Discussed

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