Dismissed
H-1B
H-1B Dismissed — Information Technology (2016): did not establish it had specialty occupation work
Decision Summary
The appeal was dismissed because the petitioner failed to establish that it had specialty occupation work available for the beneficiary for the requested employment period. The AAO found that the provided job description was too generalized and generic to convey the complexity and specialized nature of the duties. Additionally, there was insufficient evidence to establish the claimed in-house employment for the beneficiary.
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 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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