dismissed H-1B Case: Software Consultancy
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Decision Summary
Although the AAO withdrew the director's finding that the petitioner did not qualify as a U.S. employer, the appeal was ultimately dismissed. The petitioner, a technology consultancy firm, failed to establish that the proffered programmer/analyst position qualified as a specialty occupation. The AAO noted that for employment contractors, the end-client's requirements are critical, and the evidence provided did not prove that the specific duties required a bachelor's degree in a specialized field.
Criteria Discussed
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