H-1B Dismissed — Software Development (2020): the petitioner incorrectly classified the proffered

Decision Summary

The appeal was dismissed because the petitioner incorrectly classified the proffered position as a Level I wage on the Labor Condition Application (LCA). The AAO determined that the petitioner's minimum requirement of a master's degree for the position was higher than what is typically required for the occupation, necessitating a higher wage level. Since the LCA did not correspond with the actual job requirements, the petition was not approvable.

Criteria Discussed

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