H-1B Dismissed — Computer Programming (2020): did not establish the proffered position of 'computer

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'computer programmer' qualifies as a specialty occupation. The AAO found that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, citing the Department of Labor's Occupational Outlook Handbook which indicates some employers hire programmers with associate's degrees. The record also lacked sufficient detail about the job duties to prove they are so specialized and complex that they require a bachelor's degree.

Criteria Discussed

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