dismissed H-1B

dismissed H-1B Case: Mechanical Engineering

📅 Date unknown 👤 Company 📂 Mechanical Engineering

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Decision Summary

The appeal was dismissed because the petitioner, a computer consulting company, failed to demonstrate that the proffered position of mechanical engineer qualifies as a specialty occupation. The petitioner provided vague job duties and insufficient evidence, such as a generic professional services agreement, to substantiate that H-1B caliber work existed for the beneficiary for the requested employment period. The AAO found the petitioner did not establish a legitimate need for an employee with a specialty degree.

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 The 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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dismissed H-1B Case: Mechanical Engineering

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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