Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): the appeal was dismissed due to inconsistencies in the
Decision Summary
The appeal was dismissed due to inconsistencies in the record. The petitioner failed to establish that the beneficiary would be employed in a specialty occupation, as the proffered position of 'QA automation engineer' was not listed in the contractual Statement of Work (SOW) with the end-client. Furthermore, the roles described in the SOW did not require a bachelor's degree in a specific specialty, undermining the claim that the position qualifies as a specialty occupation.
Criteria Discussed
Specialty Occupation Definition (Ina § 214(I)(1)) Criteria For Specialty Occupation Positions (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Consistency Of Evidence And Contractual Agreements
📄 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 →