Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): the petitioner failed to sufficiently establish the
Decision Summary
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the work the beneficiary would perform. The submitted evidence, including a master services agreement and letters from the end-client, was either heavily redacted or lacked specific details about the project's scope and the beneficiary's day-to-day duties. This lack of information made it impossible to determine if the proposed 'datastage developer' position qualified as a specialty occupation requiring a bachelor's degree.
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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →