dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner provided inconsistent and contradictory information regarding the proffered position. The petitioner classified the role as a "Computer Programmer" on the Labor Condition Application (LCA) but later asserted in response to an RFE that the position was a "Software Developer" and not a programmer, failing to credibly establish that the position qualifies as a specialty occupation.
Criteria Discussed
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