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 did not establish that the proffered position of 'software developer' qualifies as a specialty occupation. The provided evidence, such as the consulting agreement and statement of work, lacked sufficient detail about the actual work the beneficiary would perform for the end-client, failing to prove the duties were so specialized and complex as to require a bachelor's degree in a specific specialty.

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 Are 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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