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. 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

Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties Lca Compliance And Prevailing Wage
๐Ÿ“„ Original decision (USCIS PDF)

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