dismissed
H-1B
dismissed H-1B Case: It Consulting
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Decision Summary
The appeal was dismissed because the petitioner, an IT consulting firm, failed to prove the 'business analyst' position qualified as a specialty occupation. The decision notes that for off-site employment, evidence from the end-client is critical, but the petitioner did not provide sufficient information from the end-client to detail the specific duties and demonstrate they required a degree in a specialized field.
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, In The Alternative, An Employer May Show That Its Particular 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
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