H-1B Dismissed — Information Technology (2011): did not establish it qualifies as the beneficiary's U.S

Decision Summary

The director denied the petition for failing to establish that it qualifies as the beneficiary's U.S. employer and that the proffered position qualifies as a specialty occupation. While the AAO found that the petitioner did establish an employer-employee relationship, the appeal was ultimately dismissed because the petitioner failed to demonstrate that the position of systems administrator met the regulatory criteria to be considered a specialty occupation.

Criteria Discussed

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