dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'computer systems engineer' position qualified as a specialty occupation. The AAO concurred with the director, finding that the duties described were more aligned with those of computer support specialists and systems administrators, occupations which do not consistently require a bachelor's degree in a specific specialty. The petitioner did not demonstrate that the position was sufficiently complex or that a degree requirement was normal for the role, thus failing to meet the regulatory criteria.

Criteria Discussed

Baccalaureate Or Higher Degree Is Minimum Requirement For Position Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex It Requires A Degree

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