dismissed
H-1B
dismissed H-1B Case: Data Science
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the beneficiary was qualified to perform the duties of the specialty occupation. The Director's denial, and the AAO's dismissal, focused specifically on the beneficiary's qualifications under INA section 214(i)(2), not whether the 'data scientist' position itself qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Definition (Ina § 214(I)(1)) Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Beneficiary Qualifications (Ina § 214(I)(2)) Beneficiary Qualification Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Degree Equivalency (8 C.F.R. § 214.2(H)(4)(D))
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