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 that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner submitted a Labor Condition Application (LCA) with an incorrect occupational code and an offered wage below the required prevailing wage. Furthermore, the petitioner provided inconsistent evidence regarding the minimum educational requirements for the position, with some of its own job postings listing an associate's degree as sufficient.

Criteria Discussed

Specialty Occupation Definition Normal Degree Requirement For Position Industry-Common Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Labor Condition Application (Lca) Compliance

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