dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered "programmer analyst" position qualifies as a specialty occupation. The petitioner's stated requirement of a bachelor's degree in a broad field like business administration or general "science" was insufficient to establish the need for a specific body of highly specialized knowledge. Furthermore, an analysis of the DOL's Occupational Outlook Handbook for computer programmers indicated that a bachelor's degree is not always the minimum requirement for entry into the field.

Criteria Discussed

Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)

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