Sustained
H-1B
H-1B Sustained — Computer Science (2006): the director initially denied the petition, finding that
Decision Summary
The director initially denied the petition, finding that the petitioner failed to establish the proposed computer programmer position qualified as a specialty occupation. The AAO sustained the appeal after determining that the described duties were those of a systems programmer, not just an applications programmer. Citing the Department of Labor's Occupational Outlook Handbook, the AAO concluded that most systems programmers hold a four-year degree in computer science, thus satisfying the requirements for a specialty occupation.
Criteria Discussed
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex Requiring A Degree
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