dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialty occupation. The AAO determined that the evidence, including the Department of Labor's Occupational Outlook Handbook, did not show that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, as some employers hire programmers with only an associate's degree. The initial denial was for inconsistent work location information, but the AAO's dismissal focused on the failure to meet the specialty occupation criteria.

Criteria Discussed

Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Occupational Outlook Handbook (Ooh) Analysis Specific Vocational Preparation (Svp) Rating Wage Level Analysis

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dismissed H-1B Case: Computer Science

Decision Summary

Criteria Discussed

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