Dismissed
H-1B
H-1B Dismissed — Computer Programming (2005): did not establish the proffered computer programmer
Decision Summary
The appeal was dismissed because the petitioner, a staffing company, failed to establish that the proffered computer programmer position qualified as a specialty occupation. The AAO determined, based on the Occupational Outlook Handbook, that a bachelor's degree is not a definitive minimum requirement for entry into the occupation. Furthermore, the petitioner did not provide sufficient evidence of the specific duties or the end-client's hiring practices to prove the position's complexity or a consistent degree requirement.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To The Industry Or Position Is Complex/Unique 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Duties Are Specialized And Complex
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