Sustained
H-1B
H-1B Sustained — Construction Engineering (2005): the director initially denied the petition, concluding the
Decision Summary
The director initially denied the petition, concluding the proffered 'project engineer' position was not a specialty occupation because a related role, construction manager, does not always require a specific bachelor's degree. The petitioner successfully argued on appeal that the duties were more complex and specialized than a standard construction manager, involving design, stress analysis, and use of specialized software that required at least a bachelor's degree in a specific field like architecture or engineering. The AAO agreed and sustained the appeal, finding the petitioner had overcome the grounds for denial.
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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