H-1B Dismissed — Systems Analysis (2005): did not establish a bona fide need for a full-time systems

Decision Summary

The appeal was dismissed because the petitioner, a small mortgage company with only two employees, failed to establish a bona fide need for a full-time systems analyst. The director questioned whether such a small company in the mortgage industry would require a full-time specialty occupation role, and the AAO, while disagreeing on some points, ultimately concurred that the petitioner had not met its burden of proof to show the position qualified as a specialty occupation.

Criteria Discussed

Sign up free to download the original PDF