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 position of Computer Application Administrator qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation. The petitioner did not prove the position met any of the regulatory criteria, such as an industry-wide degree requirement or sufficient complexity.

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 Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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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dismissed H-1B Case: Computer Science

Decision Summary

Criteria Discussed

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