dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Organization 📂 Computer Science

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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

Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties

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