Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): did not establish the proffered position qualified as a
Decision Summary
The appeal was dismissed because the Petitioner failed to demonstrate that the proffered position qualified as a specialty occupation. The AAO found that the record did not describe the position's duties with sufficient detail, did not establish that the petitioner had secured definite, non-speculative work for the Beneficiary at the time of filing, and did not prove the job duties required a degree in a specific specialty.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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