dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/network administrator qualifies as a specialty occupation. The AAO found, in consultation with the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree in a specific specialty is not the normal minimum requirement for the position. The petitioner's evidence regarding industry standards was also deemed unpersuasive.

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 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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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