Dismissed H-1B

H-1B Dismissed โ€” Computer Science (2017): did not establish the proffered position qualifies as a

๐Ÿ“… 2017-06-29 ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Specialty Occupation Definition Lca Correspondence To Position Prevailing Wage Compliance Consistency Of Minimum Position Requirements Normal Degree Requirement For The Position Specialized And Complex Duties
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Research more H-1B decisions on MeritDraft

Browse AAO decisions by visa type, outcome, and criteria discussed.

Browse Decisions โ†’