Sustained
H-1B
H-1B Sustained — Computer Science (2005): the director initially denied the petition, finding that
Decision Summary
The director initially denied the petition, finding that the proffered network analyst position was not a specialty occupation. The appeal was sustained because the petitioner submitted additional evidence, including letters from clients, which successfully established that the specific duties are so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree, thereby meeting the regulatory criteria.
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 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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