dismissed H-1B Case: Information Technology
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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
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