H-1B Dismissed — Software Engineering (2020): the appeal was dismissed primarily because the Labor

Decision Summary

The appeal was dismissed primarily because the Labor Condition Application (LCA) did not correspond to the H-1B petition. The petitioner designated the position at a Level II wage, but its own job postings required experience (bachelor's + 5 years or master's + 1 year) inconsistent with that wage level. The AAO also found that the petitioner failed to establish that the proffered position qualifies as a specialty occupation.

Criteria Discussed

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