Dismissed
H-1B
H-1B Dismissed — Computer Science (2006): did not establish the proffered position of systems
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of systems analyst/programmer qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree is not a universal minimum requirement for such roles. The petitioner did not provide sufficient evidence to demonstrate that the position was complex enough, that the degree was an industry standard, or that the company normally required a degree for the role, thus failing to meet any of the four regulatory criteria.
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 The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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