H-1B Dismissed — Software Development (2020): the petitioner provided inconsistent evidence regarding the

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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