sustained H-1B

sustained H-1B Case: Construction

📅 Date unknown 👤 Company 📂 Construction

Decision Summary

The director denied the petition, concluding the 'project engineer' role was akin to a construction manager, which does not normally require a specific bachelor's degree. The appeal was sustained because the petitioner successfully demonstrated that the specific duties of the position—including design development, architectural analysis using AUTOCAD, and stress analysis—were sufficiently specialized and complex to require a bachelor's degree in a specific specialty, thus meeting the criteria for a specialty occupation.

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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sustained H-1B Case: Construction

Decision Summary

Criteria Discussed

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