sustained
H-1B
sustained H-1B Case: Computer Hardware Engineering
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
Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) Employer-Employee Relationship
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