Dismissed
H-1B
H-1B Dismissed — Software Development (2006): did not establish the proposed 'technical support
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed 'technical support specialist' position qualifies as a specialty occupation. The AAO determined the duties did not require a bachelor's degree in a specific field, citing the Occupational Outlook Handbook which indicates such roles can be filled by individuals with less than a bachelor's degree or with degrees in various fields. The petitioner did not prove that a specific degree was a normal requirement for the position or common in the industry.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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