dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to establish two key points. First, the evidence did not prove that the proffered position of 'programmer analyst' qualified as a specialty occupation. Second, the director found that the petitioner, a consulting company, did not demonstrate that it would maintain a proper employer-employee relationship, as the beneficiary would be placed at a third-party client site which would ultimately control the work.
Criteria Discussed
Specialty Occupation Definition Baccalaureate Or Higher Degree Is Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex Employer-Employee Relationship
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