Dismissed
H-1B
H-1B Dismissed — Computer Science (2020): did not establish the proffered 'TIBCO developer' position
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
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
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