dismissed H-1B Case: Software Development
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered 'software engineer' position qualifies as a specialty occupation. The petitioner provided a generalized job description that lacked sufficient substantive detail to establish the relative complexity, uniqueness, and specialization of the duties. This made it impossible to determine if the position required the theoretical and practical application of highly specialized knowledge associated with a bachelor's degree in a specific field.
Criteria Discussed
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