Dismissed
H-1B
H-1B Dismissed — Information Technology (2015): did not establish the proffered 'IT Specialist' position
Decision Summary
The appeal was dismissed because the petitioner, a 15-employee restaurant, failed to establish that the proffered 'IT Specialist' position qualifies as a specialty occupation. The director and the AAO found that the evidence did not prove that the position's duties were complex enough to require the theoretical and practical application of a body of highly specialized knowledge, or that a bachelor's degree in a specific specialty is a minimum requirement for the role.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
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