dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'DCNI Network Engineer' qualifies as a specialty occupation. The Director denied the petition on this basis, and the AAO, upon de novo review, agreed with the Director's conclusion. The petitioner did not adequately demonstrate that the position's duties are so specialized and complex as to require a bachelor's degree in a specific field.
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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