dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

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Decision Summary

The appeal was dismissed because the petitioner provided multiple inconsistent job titles, job descriptions, and educational requirements for the proffered position. These significant variances made it impossible for the AAO to determine the substantive nature of the work and, consequently, whether the position qualified as a specialty occupation under any of the regulatory criteria. Additionally, the petitioner's statement that a general business degree was acceptable weakened the claim that the position required a degree in a specific specialty.

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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are 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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dismissed H-1B Case: Computer Science

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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