dismissed H-1B Case: 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
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