Dismissed
H-1B
H-1B Dismissed — Information Technology (2017): did not establish the proffered 'data analyst' position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'data analyst' position qualifies as a specialty occupation. The petitioner did not describe the position's duties with sufficient detail or prove that the job duties require a bachelor's degree in a specific specialty. The petitioner also failed to provide sufficient documentation from the end-client detailing the specific job duties or educational requirements for the position.
Criteria Discussed
Statutory Definition Of Specialty Occupation (Ina § 214(I)(1)) Normal Degree Requirement For The Position (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)) Industry Standard Degree Requirement Or Position Complexity (8 C.F.R. § 214.2(H)(4)(Iii)(A)(2)) Employer'S Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(3)) Specialized And Complex Nature Of Duties (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)) Beneficiary'S Qualifications For The Specialty Occupation
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →