Dismissed
H-1B
H-1B Dismissed — Information Technology: did not establish the beneficiary qualifies to perform the
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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