dismissed H-1B Case: Information Technology
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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
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