dismissed
H-1B
dismissed H-1B Case: Information Technology
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'java developer' position qualifies as a specialty occupation. The record did not describe the position's duties with sufficient detail, especially regarding the work to be performed at the end-client's location. The petitioner also did not prove that the specific job duties were so specialized and complex as to require at least a bachelor's degree in a specific specialty.
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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