Dismissed
H-1B
H-1B Dismissed — Software Engineering (2006): did not establish the proffered position of software
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of software engineer qualified as a specialty occupation. The petitioner, an IT consulting firm, did not provide sufficient evidence detailing the specific duties the beneficiary would perform for its end-client. The contracts and work orders submitted were deemed inadequate because they either did not identify the beneficiary, were dated after the petition's filing, or failed to describe the end-client work in enough detail to prove it required a bachelor's degree.
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 Is 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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