dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary qualifies to perform the services of the proffered specialty occupation. The director found a mismatch between the duties of a programmer analyst, which require a computer-related degree, and the beneficiary's qualifications, which were determined to be equivalent to a bachelor's degree in business administration. The petitioner's attempt to reclassify the position as a business analyst in response to the RFE was not sufficient to overcome this deficiency.

Criteria Discussed

8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To The Industry Or Position Is Complex/Unique 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are Specialized And Complex 8 C.F.R. 214.2(H)(4)(Iii)(C) - Beneficiary'S Qualifications

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