H-1B Sustained — Computer Engineering (2022): the Director denied the petition, finding the beneficiary

Decision Summary

The Director denied the petition, finding the beneficiary was not qualified for the BIOS engineer position. The Director incorrectly relied solely on the Occupational Outlook Handbook for the position's educational requirements, disregarding the petitioner's own stated requirements. The AAO sustained the appeal, concluding that the beneficiary's master's degree in electrical engineering from an accredited U.S. university does satisfy the regulatory requirement for a bachelor's or higher degree for the specialty occupation.

Criteria Discussed

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