H-1B Dismissed — Software Development (2016): did not establish the proffered position of 'programmer

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'programmer analyst' qualifies as a specialty occupation. The Director also found that the petitioner did not establish that a valid employer-employee relationship would exist. The AAO affirmed the dismissal, noting the petitioner failed to provide critical evidence of the end-client's specific job requirements, which is necessary to determine the substantive nature of the duties and whether they require a bachelor's degree in a specific field.

Criteria Discussed

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