Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): did not establish the proffered 'programmer analyst'
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)
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →