sustained
H-1B
sustained H-1B Case: Construction
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Decision Summary
The Director denied the petition, concluding the proffered position did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the petitioner's position description, within the context of its operations, included duties sufficiently specialized and complex to require a bachelor's degree or higher, thus meeting the specialty occupation requirement by a preponderance of the evidence.
Criteria Discussed
Specialty Occupation
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