dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner did not submit a certified Labor Condition Application (LCA) that properly corresponded to the claimed occupation and duties, and failed to show they would pay the required prevailing wage for the role as described. Furthermore, the petitioner provided inconsistent information regarding the minimum educational requirements for the position, with some job postings listing an associate's degree as sufficient, which undermined the claim that a bachelor's degree was a minimum requirement.
Criteria Discussed
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