Dismissed
H-1B
H-1B Dismissed — Computer Science (2016): did not establish the proffered 'computer programmer'
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'computer programmer' position qualifies as a specialty occupation. The AAO found numerous inconsistencies in the record regarding pay, work location, and job duties, which were significantly expanded upon appeal. The petitioner did not establish that the duties of the position required a bachelor's degree in a specific specialty.
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 Are 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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