Dismissed
H-1B
H-1B Dismissed — Software Development (2020): did not establish the proffered position as a systems
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position as a systems software engineer qualifies as a specialty occupation. The evidence submitted did not describe the beneficiary's duties with sufficient detail to demonstrate they required a bachelor's degree in a specific field. Additionally, the contractual agreements between the petitioner, vendors, and end-client lacked specificity about the actual work and undermined the petitioner's claim of controlling the beneficiary's employment.
Criteria Discussed
Specialty Occupation Definition Normal Minimum Educational Requirement For The Position Industry Degree Requirements For Parallel Positions Complexity Or Uniqueness Of The Specific Duties Petitioner'S Normal Hiring Requirement Of A Degree
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