dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

Decision Summary

The appeal was dismissed because the petitioner, an importer of crafts, failed to establish that the proffered position of Database Administrator qualifies as a specialty occupation. The AAO found that a bachelor's degree is not a universal minimum requirement for the role, citing the Department of Labor's Occupational Outlook Handbook. The petitioner did not provide sufficient evidence to show that the position was particularly complex for its small business, that a degree was standard for similar companies, or that it had a history of requiring a degree for the role.

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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