Dismissed H-1B

H-1B Dismissed — Software Engineering (2020): did not establish the proffered 'quality engineer' position

📅 2020-04-28 👤 Company 📂 Software Engineering

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'quality engineer' position qualifies as a specialty occupation. The AAO determined that evidence from the DOL's Occupational Outlook Handbook and O*NET was not probative in establishing that a bachelor's degree in a specific specialty is the normal minimum requirement for entry. The general occupational data did not sufficiently demonstrate that the specific duties were so specialized and complex as to require a degree in a specific field.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
📄 Original decision (USCIS PDF)

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