Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner submitted an LCA for a lower-paying occupational category than the one they claimed the position aligned with and offered a wage below the required prevailing wage for that claimed position. Additionally, the petitioner provided inconsistent information regarding the minimum educational requirements, with some of its own job postings indicating an associate's degree was sufficient.
Criteria Discussed
Specialty Occupation Definition Labor Condition Application (Lca) Validity Consistency Of Minimum Position Requirements Normal Degree Requirement For Position Industry Standard Degree Requirement
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