dismissed
H-1B
dismissed H-1B Case: Computer Science
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.