Dismissed
H-1B
H-1B Dismissed — Software Development (2017): did not establish the proffered 'project manager' position
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'project manager' position qualifies as a specialty occupation. The Director initially denied the petition on these grounds. Upon de novo review, the AAO upheld the denial, focusing on the regulatory criteria that define a specialty occupation, including the requirement for a specific bachelor's degree or its equivalent.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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