dismissed
H-1B
dismissed H-1B Case: Information Technology
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was dismissed because the petitioner, a small retail and wireless store, failed to establish that the proffered 'Programmer Analyst' position qualifies as a specialty occupation. The AAO determined that the petitioner materially changed the job duties in response to a Request for Evidence (RFE) and that the originally submitted duties did not establish that the position required a bachelor's degree in a specific specialty.
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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Beneficiary'S Qualifications To Perform The Services Of A Specialty Occupation
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.