sustained H-1B

sustained H-1B Case: Chemical Engineering

📅 Date unknown 👤 Company 📂 Chemical Engineering

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Decision Summary

The director denied the petition after finding the proposed role was that of a chemical engineering technician, not a specialty occupation. The AAO sustained the appeal, concluding that the position's duties—including developing chemical engineering processes, product research and design, and improving new and existing products—were consistent with the professional duties of a chemical engineer as described in the Occupational Outlook Handbook, rather than a lower-level technician.

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 The 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 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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