Dismissed
H-1B
H-1B Dismissed — Software Development (2006): did not establish the proffered position of
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer/analyst qualifies as a specialty occupation. The AAO concurred with the director's finding, referencing the Department of Labor's Occupational Outlook Handbook, which indicates that while a bachelor's degree is common for computer programmers, the role does not always require one, as individuals with associate degrees or certificates can also qualify.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Requiring A Degree
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