H-1B Dismissed — Computer Software (2006): did not establish the proffered programmer analyst position

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered programmer analyst position qualifies as a specialty occupation. While the AAO found that an employer-employee relationship was established, it concluded that the petitioner did not provide sufficient documentation of the beneficiary's specific duties for the end-client. Citing the Occupational Outlook Handbook, the AAO noted that a bachelor's degree is not a definitive minimum requirement for a programmer analyst role.

Criteria Discussed

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