Sustained
H-1B
H-1B Sustained — Computer Science (2006): the AAO determined that the proffered programmer/analyst
Decision Summary
The appeal was sustained because the AAO determined that the proffered programmer/analyst position qualified as a specialty occupation. While the director found none of the regulatory criteria were met, the AAO concluded that the specific duties were so specialized and complex that the knowledge required is usually associated with a bachelor's degree, thus satisfying one of the four required criteria. The AAO also confirmed the beneficiary possessed the equivalent of a U.S. bachelor's degree in computer science.
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 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 Beneficiary'S Qualifications For The Position
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