H-1B Dismissed — Software Development (2020): did not establish the proffered position of 'embedded

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

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