dismissed H-1B Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'embedded software developer' qualifies as a specialty occupation. The petitioner provided inconsistent information regarding the minimum educational and experience requirements for the position. Furthermore, the stated requirement of five years of experience was inconsistent with the Level II wage designated on the Labor Condition Application (LCA), undermining the claim that the position's duties are specialized and complex.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.