Dismissed H-1B

H-1B Dismissed — Software Engineering (2022): did not establish the proffered 'software engineer'

📅 2022-08-22 👤 Company 📂 Software Engineering

Decision Summary

The appeal was dismissed because the petitioner failed to prove the proffered 'software engineer' position qualifies as a specialty occupation. The petitioner did not provide a detailed description of the duties as requested, instead providing a vague list and a verbatim copy of duties from the beneficiary's prior managerial role in another country. This lack of specificity made it impossible to determine if the position truly required a bachelor's degree in a specific specialty.

Criteria Discussed

Specialty Occupation Definition Beneficiary Qualifications 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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