dismissed
H-1B
dismissed H-1B Case: Software Development
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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, referencing the Department of Labor's Occupational Outlook Handbook, determined that a bachelor's degree is not the normal minimum requirement for entry into the computer programmer occupation, as some employers hire workers with an associate's degree.
Criteria Discussed
Normal Minimum Requirement Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
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