H-1B Dismissed — Computer Science (2020): did not establish the proffered position of 'programmer'

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer' qualifies as a specialty occupation. The AAO determined, referencing the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree in a specific field is not the normal minimum requirement for computer programmers, as some employers hire individuals with an associate's degree. Additionally, the petitioner's attempt to re-characterize the position as a software developer was deemed an impermissible material change to the petition after filing.

Criteria Discussed

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