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 the proffered position qualifies as a specialty occupation. The petitioner submitted a Labor Condition Application (LCA) that did not properly correspond to the position's claimed duties and offered a wage below the required prevailing wage for the more appropriate job category. Furthermore, the petitioner provided inconsistent information regarding the minimum educational requirements for the position, undermining the claim that a bachelor's degree in a specific field is required.

Criteria Discussed

Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Are Specialized And Complex Labor Condition Application (Lca) Compliance

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