dismissed
H-1B
dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'programmer analyst' qualifies as a specialty occupation. The AAO affirmed the Director's finding that the petitioner did not prove that the position's duties necessarily require the attainment of a bachelor's degree or higher in a specific specialty as a minimum entry requirement.
Criteria Discussed
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position The Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex The Employer Normally Requires A Degree For The Position The Duties Are So Specialized And Complex That They Require Knowledge Associated With A Bachelor'S Degree
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