dismissed
H-1B
dismissed H-1B Case: Computer Science
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered "programmer analyst" position qualifies as a specialty occupation. The decision highlighted a discrepancy where the job duties provided on appeal were taken from the O*NET description for "Software Developers, Applications," while the Labor Condition Application (LCA) listed the occupational category as "Computer Programmers."
Criteria Discussed
Specialty Occupation Definition Employer-Employee Relationship Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree
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