Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): the petitioner provided inconsistent and varied information
Decision Summary
The appeal was dismissed because the petitioner provided inconsistent and varied information regarding the proffered position's job title, duties, and minimum educational requirements. These discrepancies made it impossible for the AAO to determine the substantive nature of the work and whether it qualified as a specialty occupation under any of the required criteria. Additionally, the petitioner's claim that a general business degree was an acceptable qualification undermined the argument that the position required a body of highly specialized knowledge.
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 The 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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