Dismissed
H-1B
H-1B Dismissed — Information Technology (2006): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation under any of the regulatory criteria. Although the petitioner overcame the director's finding regarding the lack of an employer-employee relationship, the AAO noted unexplained inconsistencies in the record, such as discrepancies in the stated number of employees and photos of the business premises showing only one chair and one computer, which undermined the credibility of the job offer.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Definition Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Is Specialized And Complex
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