dismissed H-1B Case: Information Technology
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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
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