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 position of 'systems associate' qualifies as a specialty occupation. The end-client where the beneficiary would work did not specify its own educational requirements, which is a critical factor. Additionally, the AAO noted that the corresponding occupational category in the DOL's Occupational Outlook Handbook, 'Computer Programmers', does not uniformly require a bachelor's degree in a specific specialty.

Criteria Discussed

Specialty Occupation Employer-Employee Relationship 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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