dismissed
H-1B
dismissed H-1B Case: Computer Science
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.