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 software developer position qualifies as a specialty occupation. The AAO found that the record did not sufficiently establish the substantive nature of the position's duties and contained material inconsistencies across documents, preventing a determination that it required a bachelor's degree in a specific specialty.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Nature Of The Specific Duties Is Specialized And Complex Statutory Definition Of Specialty Occupation Validity Of Labor Condition Application (Lca)
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