Dismissed
H-1B
H-1B Dismissed — Computer Science (2006): did not establish the proffered position of 'computer
Decision Summary
The appeal was dismissed because the petitioner, a motel, failed to prove that the proffered position of 'computer programmer analyst' qualifies as a specialty occupation. The petitioner did not establish that a bachelor's degree is a normal minimum requirement for the position, that the requirement is common in the industry for similar organizations, or that the duties are sufficiently specialized and complex. The AAO also rejected the argument that a prior approval should be binding, stating it is not required to approve petitions where eligibility has not been demonstrated, even if a prior petition was erroneously approved.
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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