Dismissed
H-1B
H-1B Dismissed — Computer Science (2020): did not meet its burden of proof by not providing specific
Decision Summary
The appeal was dismissed because the petitioner failed to meet its burden of proof by not providing specific arguments or evidence to demonstrate how the Director's initial decision was erroneous. The petitioner presented only generalized disagreements without sufficient explanation, and incorrectly argued that satisfying a regulatory criterion was sufficient without also meeting the core statutory definition of a specialty occupation.
Criteria Discussed
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry For Parallel Positions The Employer Normally Requires A Degree For The Position The Specific Duties Are So Specialized And Complex That They Require Knowledge Usually Associated With A Baccalaureate Or Higher Degree
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