H-1B Dismissed — Software Development (2006): did not establish the proffered programmer/analyst position

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered programmer/analyst position qualifies as a specialty occupation. The director noted that the primary duty was coding (70%), and concluded based on the Department of Labor's Occupational Outlook Handbook that a bachelor's degree in a specific specialty is not the definitive minimum requirement for entry into such a position, as some jobs can be filled with an associate degree or certificate.

Criteria Discussed

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