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 prove the proffered position of systems administrator qualifies as a specialty occupation. The record lacked sufficient evidence, such as detailed contracts or statements of work, to establish the specific, complex duties the beneficiary would perform for the end-client. The submitted documents were too general and did not adequately describe the project's scope, duration, or the substantive nature of the beneficiary's role.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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