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 concluded that a bachelor's degree is not the normal minimum requirement for such a position, referencing the Department of Labor's Occupational Outlook Handbook which states some employers hire workers with only an associate's degree. The petitioner's designation of the position as a Level I wage role also suggested it involved routine tasks not complex enough for a specialty occupation.

Criteria Discussed

Specialty Occupation Definition Labor Condition Application (Lca) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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