dismissed H-1B Case: 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
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