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 Systems Administrator qualifies as a specialty occupation. The AAO found that the duties were not proven to be so specialized or complex as to require a bachelor's degree in a specific field, referencing the Occupational Outlook Handbook. The petitioner also failed to demonstrate that a specific degree is a normal minimum requirement for the position, common in the industry, or a standard requirement for the employer.

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 Or The 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

Related Decisions

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