Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): did not establish a sufficiently detailed description of
Decision Summary
The appeal was dismissed because the petitioner, a staffing firm, failed to provide a sufficiently detailed description of the beneficiary's duties at the end-client's worksite. The record contained only brief and generalized job descriptions from both the petitioner and the end-client, which were insufficient to establish that the proffered position as a 'UNIX specialist' was complex enough to require a bachelor's degree in a specific specialty.
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 The 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 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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