dismissed
H-1B
dismissed H-1B Case: Internet Technology
Decision Summary
The AAO found that the petitioner did qualify as the beneficiary's employer, disagreeing with one of the director's grounds for denial. However, the appeal was ultimately dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualified as a specialty occupation under any of the four regulatory criteria, as there was insufficient evidence of specific projects or duties requiring a bachelor's degree.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex Employer Normally Requires A Degree Nature Of Duties Is Specialized And Complex
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