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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'programmer analyst' position qualifies as a specialty occupation. The AAO concluded, based on the U.S. Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not a definitive minimum requirement for entry into the occupation, as some positions only require an associate's degree. The petitioner's designation of the position as a Level I wage role further suggested it was an entry-level position not complex enough to necessitate a specialty degree.

Criteria Discussed

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