Dismissed
H-1B
H-1B Dismissed — It Consulting (2016): did not establish the proffered business analyst position
Decision Summary
The appeal was dismissed because the petitioner, an IT consulting firm, failed to establish that the proffered business analyst position qualifies as a specialty occupation. The primary reason for the denial was the lack of documentary evidence from the end-client detailing the specific job duties and educational requirements, which is critical in third-party placement cases. Without this evidence, the AAO could not determine the substantive nature of the position or verify that it required a bachelor's degree in a specific field, and also found the work to be non-speculative for the requested period.
Criteria Discussed
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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is 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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