Dismissed H-1B

H-1B Dismissed โ€” Information Technology (2017): the appeal was dismissed for two primary reasons

๐Ÿ“… 2017-07-25 ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed for two primary reasons. First, the petitioner failed to establish that the beneficiary's U.S. master's degree was from a qualifying nonprofit institution, making the beneficiary ineligible for the H-1B Master's Cap Exemption. Second, the AAO found that the proffered 'HR specialist - IT' position did not qualify as a specialty occupation because the duties were not shown to be so specialized or complex as to require a bachelor's degree in a specific field.

Criteria Discussed

Master'S Cap Exemption Nonprofit Status Of Educational Institution Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
๐Ÿ“„ Original decision (USCIS PDF)

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