H-1B Dismissed — Software Consultancy: although the AAO withdrew the director's finding that the

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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