Sustained
H-1B
H-1B Sustained — Computer Programming (2005): the director denied the petition, finding the computer
Decision Summary
The director denied the petition, finding the computer programmer position did not qualify as a specialty occupation. The AAO sustained the appeal because, while it agreed a bachelor's degree is not always the minimum for programmer roles, it found that the specific duties within the petitioner's large healthcare business were sufficiently specialized and complex, thus qualifying the position as a specialty occupation under the fourth criterion.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular 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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