Dismissed
H-1B
H-1B Dismissed — Computer Programming (2017): 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 analyst' qualifies as a specialty occupation. The AAO concurred with the Director's finding that the job duties did not require a bachelor's degree or higher in a specific specialty as a minimum for entry, which is a core requirement for the H-1B classification.
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, In The Alternative, An Employer May Show That Its Particular 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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