dismissed H-1B

dismissed H-1B Case: Web Development

📅 Date unknown 👤 Company 📂 Web Development

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'web developer' position qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that the normal minimum requirement for the occupation is not a bachelor's degree, as an associate's degree is most common and requirements can range down to a high school diploma. Therefore, the position did not satisfy the first regulatory criterion for a specialty occupation.

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 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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dismissed H-1B Case: Web Development

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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