Dismissed
H-1B
H-1B Dismissed — Information Technology (2006): did not establish the proffered programmer/analyst position
Decision Summary
The appeal was dismissed because the petitioner, an IT consulting company, failed to establish that the proffered programmer/analyst position was a specialty occupation at the time of filing. The petitioner did not provide a client contract or work order valid as of the filing date to detail the beneficiary's specific duties. The evidence submitted was dated after the petition was filed and therefore could not be used to establish prior eligibility.
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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is 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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