Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): the petitioner provided multiple inconsistent descriptions
Decision Summary
The appeal was dismissed because the petitioner provided multiple inconsistent descriptions of the job title, duties, and minimum educational requirements. These significant variances prevented the AAO from determining the substantive nature of the position and concluding that it met any of the regulatory criteria for a specialty occupation. Furthermore, the petitioner's claim that a general business degree was an acceptable qualification undermined the argument that the position required a specific 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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