Dismissed
H-1B
H-1B Dismissed — Information Technology (2017): did not establish the proffered 'computer programmer
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'computer programmer analyst' position qualifies as a specialty occupation. The record did not describe the job duties with sufficient detail, nor did it establish that the duties require a specific bachelor's degree. Additionally, there were significant inconsistencies with the Labor Condition Application (LCA), where the petitioner designated a lower-paying occupational category than what was argued on appeal, and the offered wage did not meet the prevailing wage for the claimed higher-level position.
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 Labor Condition Application (Lca) Compliance And Prevailing Wage
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