Dismissed
H-1B
H-1B Dismissed — Computer Science (2005): did not establish the computer programmer position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the computer programmer position qualifies as a specialty occupation. The AAO determined, based on the Occupational Outlook Handbook, that a bachelor's degree is not a definitive minimum requirement for entry into the occupation. The decision also noted inconsistencies, such as a change in the worksite after filing and the use of a generic job description, which cast doubt on the petition's validity.
Criteria Discussed
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Position'S Complexity Or Uniqueness Requires A Degree Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
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