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. Specifically, the petitioner submitted a Labor Condition Application (LCA) with an incorrect occupational code and an offered wage below the required prevailing wage for the appropriate job category. Additionally, the petitioner provided inconsistent evidence regarding the minimum educational requirements for the position, with some of its own job postings indicating that an associate's degree was sufficient, undermining the claim that a bachelor's degree is required.
Criteria Discussed
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