Remanded
H-1B
H-1B Remanded — Network Engineering (2006): the director's denial, which found the proffered network
Decision Summary
The director's denial, which found the proffered network engineer position was not a specialty occupation, was withdrawn. The AAO determined the petitioner successfully established that the nature of the duties was specialized and complex, meeting one of the four regulatory criteria. However, the petition was remanded to allow the petitioner to submit evidence that the beneficiary's foreign degree is equivalent to a U.S. bachelor's degree, as this was missing from the record.
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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Beneficiary'S Qualifications (Foreign Degree Equivalency)
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