dismissed H-1B Case: Computer Science
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'TIBCO developer' position qualifies as a specialty occupation. The record contained significant and unresolved inconsistencies regarding the minimum educational requirements for the role. The petitioner, end-client, and intermediary vendors all provided different and conflicting standards, which undermined the claim that a specific bachelor's degree was a firm prerequisite for the position.
Criteria Discussed
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