Dismissed
H-1B
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 establish that the proffered position of 'programmer analyst' qualifies as a specialty occupation. The provided job description was too generic and did not convey the substantive, complex nature of the work. Additionally, the petitioner did not submit sufficient, credible evidence to prove that it had enough H-1B caliber in-house work for the beneficiary for the requested employment period.
Criteria Discussed
Specialty Occupation Availability Of Specialty Occupation Work Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Specialized And Complex Duties
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