Dismissed
H-1B
H-1B Dismissed — Information Technology (2017): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The record did not describe the position's duties with sufficient detail to demonstrate they require a bachelor's degree in a specific field. Furthermore, the decision highlighted inconsistencies with the Labor Condition Application (LCA), noting the selected occupational code and its corresponding wage were lower than for the software developer role the petitioner later claimed the position resembled.
Criteria Discussed
Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Requiring A Degree Lca Occupational Classification And Prevailing Wage
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