dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialty occupation. The AAO determined the evidence did not prove that a bachelor's degree in a specific specialty is a normal minimum requirement for entry into the position, referencing the Department of Labor's Occupational Outlook Handbook which indicates a degree is common but not always a requirement for similar roles.

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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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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dismissed H-1B Case: Information Technology

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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