Sustained
EB-2
EB-2 Sustained — Software Engineering: the director incorrectly determined that the job did not
Decision Summary
The appeal was sustained because the director incorrectly determined that the job did not require a member of the professions. The AAO found that the governing regulation only requires a baccalaureate degree for entry into a profession, not necessarily a degree in a specific field as the director had argued. Citing the Occupational Outlook Handbook, the AAO concluded that a bachelor's degree is the normal minimum requirement for a software engineer, thus qualifying the position.
Criteria Discussed
Job Requires Advanced Degree Bachelor'S Plus Five Years Experience As Equivalent To Advanced Degree Definition Of Profession Minimum Educational Requirements For The Occupation Whether The Degree Must Be In A Specific Field
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-2 decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →