dismissed H-1B

dismissed H-1B Case: Software Development

📅 Date unknown 👤 Company 📂 Software Development

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of a programmer analyst qualifies as a specialty occupation. The AAO determined, citing the Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for entry into the occupation. The petitioner's evidence, including letters from other companies and job postings, was deemed insufficient to demonstrate that a specific bachelor's degree is an industry standard or that the duties were uniquely complex.

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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dismissed H-1B Case: Software Development

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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