Dismissed
H-1B
H-1B Dismissed — Computer Technology (2016): did not establish qualifying specialty occupation work
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that qualifying specialty occupation work would be available for the beneficiary for the entire requested employment period. The provided statements of work did not cover the requested H-1B period, and there was no evidence linking the beneficiary to the specified projects. Discrepancies in the record regarding the work location (in-house vs. client sites) further undermined the petitioner's claims about the nature of the employment.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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