Sustained
H-1B
H-1B Sustained — Computer Science (2006): the director denied the petition, finding the applications
Decision Summary
The director denied the petition, finding the applications programmer role was not a specialty occupation. The AAO agreed that the petitioner did not meet the first three criteria for a specialty occupation, such as demonstrating a normal degree requirement for the role. However, the AAO found the specific duties were sufficiently specialized and complex to require knowledge associated with a bachelor's degree, thus satisfying the fourth criterion and leading to the appeal being sustained.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Specific Duties Is Specialized And Complex Beneficiary'S Qualifications
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