dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the petitioner did not sufficiently establish that the proffered 'systems engineer' position qualifies as a specialty occupation. The petitioner failed to provide a specific and detailed description of the beneficiary's duties, instead offering generalized job functions and business models. This lack of specificity made it impossible for USCIS to determine if the work was so specialized and complex as to require a bachelor's degree in a specific field.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties [Is] So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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