Dismissed
H-1B
H-1B Dismissed — Information Technology (2016): did not establish the proffered 'QA engineer' position
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'QA engineer' position qualifies as a specialty occupation. The petitioner submitted generic job descriptions, one copied verbatim from O*NET and another lacking sufficient detail, which did not adequately describe the substantive duties within the context of the petitioner's specific business operations. Consequently, the record did not establish that the position's duties were specialized or complex enough to require a bachelor's degree in a specific field.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For The 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 Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
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