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 too generic and lacked specific details about the beneficiary's day-to-day duties, the projects they would work on, or the complexity of the tasks, making it impossible to determine if the role truly required 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
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