Dismissed
H-1B
H-1B Dismissed — Computer Science (2006): did not establish the proposed position of Computer
Decision Summary
The appeal was dismissed because the petitioner, a jewelry manufacturer, failed to establish that the proposed position of Computer Applications Programmer qualifies as a specialty occupation. The AAO, referencing the Occupational Outlook Handbook, determined that a bachelor's degree is not a standard minimum requirement for such a position, as individuals with associate's degrees or certificates can also qualify. The evidence submitted by the petitioner, including an expert opinion letter, was found insufficient to prove that the specific duties of the role were complex enough to necessitate a bachelor's degree holder.
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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is 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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