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 position of a programmer analyst qualifies as a specialty occupation. The AAO found that the record did not establish that the job duties require an educational background, or its equivalent, that is commensurate with a specialty occupation, specifically one requiring a bachelor's degree in a specific field.
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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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 Specialty Occupation Work Will Be Available For The Beneficiary Throughout The Duration Of The Requested H-1B Validity Period
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