dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO found that the petitioner provided inconsistent statements regarding the minimum educational requirements for the position (sometimes stating a bachelor's degree, other times a master's). This inconsistency, along with insufficient evidence regarding the specific duties the beneficiary would perform, prevented a determination that the position required a degree in a specific specialty.
Criteria Discussed
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