Dismissed
H-1B
H-1B Dismissed — Real Estate Development (2006): did not establish the proffered position of 'systems
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems analyst' qualified as a specialty occupation. The AAO determined the duties were more aligned with a computer support specialist or systems administrator, roles which do not normally require a bachelor's degree in a specific field as a minimum entry requirement. The petitioner failed to meet any of the four regulatory criteria, and new claims on appeal were unsupported by evidence.
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 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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