dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered computer programmer position qualified as a specialty occupation. The AAO referenced the Occupational Outlook Handbook, which indicates that a bachelor's degree is not always a minimum requirement for such roles. Additionally, the petitioner's credibility was questioned due to providing a generic job description and changing the beneficiary's work location after the petition was filed.
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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