H-1B Dismissed — Software Development (2005): did not establish the proffered position of programmer

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of programmer analyst qualified as a specialty occupation. Although the AAO found the petitioner did qualify as an employer, it agreed with the director that there was insufficient evidence, such as signed contracts or detailed project descriptions, to prove the duties were so specialized and complex as to require a bachelor's degree in a specific field.

Criteria Discussed

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