Dismissed
H-1B
H-1B Dismissed — Computer Science (2017): did not establish the proffered position qualifies as a
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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →