dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

Decision Summary

The appeal was dismissed because the petitioner, a ticket broker, failed to establish that the proffered position of computer engineer qualified as a specialty occupation. The director and the AAO found that the described duties more closely resembled a computer support specialist or systems administrator, positions that do not consistently require a bachelor's degree in a specific field. The petitioner failed to provide sufficient evidence to meet any of the four regulatory criteria, such as proving a degree is a normal industry requirement or that the duties are 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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