H-1B Sustained — Computer Hardware Engineering (2007): the initial denial was based on the petitioner's failure to

Decision Summary

The initial denial was based on the petitioner's failure to establish that the proffered position was a specialty occupation and that a valid employer-employee relationship existed. The appeal was sustained because the petitioner, with additional evidence from the end-client Intel, successfully demonstrated that the computer hardware engineer role required at least a bachelor's degree in a specific field and that contractual documents established the petitioner as the beneficiary's employer.

Criteria Discussed

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