Dismissed
H-1B
H-1B Dismissed — Information Technology: did not establish the proffered position of
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems/program analyst' qualifies as a specialty occupation. The director determined the position was more akin to a computer systems administrator, an occupation which does not necessarily require a bachelor's degree in a specific specialty as a minimum entry requirement. The AAO agreed, finding the evidence insufficient to prove the position's duties were complex enough to require such a 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, In The Alternative, An Employer May Show That Its Particular 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 Is 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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