Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. The AAO found the employment to be speculative, as the submitted contracts and statements of work did not establish that sufficient work would be available for the beneficiary throughout the requested period. Furthermore, the job duty descriptions provided lacked sufficient detail and credibility to demonstrate that the position's duties are so specialized and complex as to require a bachelor's degree in a specific field.
Criteria Discussed
Specialty Occupation Definitive, Non-Speculative Employment 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Standard Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →