dismissed
H-1B
dismissed H-1B Case: Software Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered software engineer position qualifies as a specialty occupation. The job description was found to be too generalized and generic, lacking sufficient detail about the specific day-to-day duties, complexity, and specialized knowledge required. Consequently, the record did not demonstrate that the position's duties necessitate 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 The 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
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