dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The director denied the petition because the petitioner failed to demonstrate that the proffered position qualifies as a specialty occupation and that sufficient work was available for the beneficiary for the requested employment period. The AAO reviewed the evidence de novo and concurred with the director, finding the petitioner did not meet the preponderance of the evidence standard to establish 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 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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