H-1B Dismissed — Software Consulting (2017): did not establish the proffered position is a specialty

Decision Summary

The appeal was dismissed because the petitioner failed to establish the proffered position is a specialty occupation. The petitioner submitted a Labor Condition Application (LCA) for a 'Computer Programmer' but later claimed the position was a 'Computer Systems Analyst' without paying the higher prevailing wage for that role. Additionally, the petitioner provided inconsistent information regarding the minimum educational requirements for the position, undermining the claim that a specific bachelor's degree is required.

Criteria Discussed

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