dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'Computer Programmer' position qualifies as a specialty occupation. The Director found the evidence insufficient to prove that the position's duties require the theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in a specific specialty. Additionally, the AAO raised the issue of whether a valid employer-employee relationship existed.

Criteria Discussed

Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard For Parallel Positions Employer'S Normal Degree Requirement Complexity And Specialization Of Duties Employer-Employee Relationship

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