dismissed
H-1B
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 of Programmer Analyst qualifies as a specialty occupation. The Director initially denied the petition on these grounds, and the AAO agreed, finding the petitioner did not prove that the position's duties necessitated a bachelor's degree or higher in a specific specialty.
Criteria Discussed
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry In Parallel Positions The Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex That They Require A Degree
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