Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): did not establish the proffered 'IT support specialist'
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'IT support specialist' position qualifies as a specialty occupation. The AAO found the petitioner did not prove that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, citing the DOL's Occupational Outlook Handbook. Additionally, the decision noted a lack of sufficient evidence substantiating that the claimed work for the beneficiary would exist for the requested employment period.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Degree Requirement Common To Industry Or Position Is Complex/Unique 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Duties Are So Specialized And Complex
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