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 "programmer analyst" position qualifies as a specialty occupation. The petitioner did not provide sufficient, specific evidence from the end-client to verify the exact nature of the beneficiary's duties, the project's complexity, or the educational requirements for the off-site work, which is critical in third-party placement cases.
Criteria Discussed
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement Specialized And Complex Duties
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