Dismissed
H-1B
H-1B Dismissed — Information Technology (2016): did not establish the proffered 'software developer'
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'software developer' position qualifies as a specialty occupation. The petitioner provided an overly broad list of acceptable degrees (e.g., science, computer science, engineering, physical sciences) and did not demonstrate how each field was directly related to the position's duties, thus failing to prove that a degree in a specific specialty was required.
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 Are 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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