Sustained
H-1B
H-1B Sustained — Computer Science: the director initially denied the petition because the
Decision Summary
The director initially denied the petition because the proffered 'network analyst' position was not deemed a specialty occupation. The appeal was sustained because the petitioner provided sufficient evidence, including letters from clients detailing the job duties, to establish that the nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree, thus qualifying the position as a specialty occupation.
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 Is 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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