dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner provided inconsistent evidence regarding the minimum educational requirements for the 'performance engineer' position. The petitioner claimed a bachelor's degree was required, but the end-client's Statement of Work (SOW) did not specify a degree, instead listing skills and experience like '1+ years of IT experience'. This discrepancy precluded a determination that the position qualifies as a specialty occupation.
Criteria Discussed
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