sustained
H-1B
sustained H-1B Case: Computer Science
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Decision Summary
The appeal was sustained because the AAO found the petitioner established that the proffered programmer/analyst position qualified as a specialty occupation. Overturning the director's decision, the AAO determined that the nature of the specific duties was so specialized and complex within the context of a jewelry manufacturer that the knowledge required to perform them is usually associated with a bachelor's degree.
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, In The Alternative, An Employer May Show That Its Particular 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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