Dismissed H-1B

H-1B Dismissed โ€” Software Development (2019): the motion to reopen and reconsider was denied, upholding

๐Ÿ“… 2019-09-20 ๐Ÿ‘ค Company ๐Ÿ“‚ Software Development

Decision Summary

The motion to reopen and reconsider was denied, upholding the previous dismissal. The petitioner failed to establish the proffered 'systems analyst II' role as a specialty occupation due to vague and inconsistent job descriptions. Furthermore, significant discrepancies between the petitioner's stated educational/experience requirements and those in a third-party requisition, along with an improper LCA wage level, undermined the petitioner's credibility and the bona fides of the job offer.

Criteria Discussed

Specialty Occupation Job Duties Educational Requirements Employer-Employee Relationship Speculative Employment Labor Condition Application (Lca)
๐Ÿ“„ Original decision (USCIS PDF)

Sign up free to download the original PDF

Research more H-1B decisions on MeritDraft

Browse AAO decisions by visa type, outcome, and criteria discussed.

Browse Decisions โ†’