dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered computer programmer position qualified as a specialty occupation. Citing the Occupational Outlook Handbook, the AAO determined that a bachelor's degree is not a standard minimum requirement for entry into the occupation. The petitioner also failed to provide sufficient evidence to satisfy any of the other regulatory criteria, such as an industry-wide degree requirement, a history of hiring only degreed individuals, or that the specific duties were uniquely complex.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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