H-1B Dismissed — Software Development (2021): did not establish the Beneficiary is qualified for the

Decision Summary

The appeal was dismissed because the Petitioner failed to prove that the Beneficiary is qualified for the specialty occupation. The Beneficiary holds a foreign degree equivalent to a U.S. bachelor's in mechanical engineering, but the Petitioner did not establish that this education, combined with the documented work experience, is equivalent to a degree in the specific specialty required for the software engineer position. New evidence submitted on appeal was not considered because it was not provided in response to the initial request for evidence (RFE).

Criteria Discussed

Sign up free to download the original PDF