H-1B Sustained — Construction Management (2006): the director initially denied the petition, concluding that

Decision Summary

The director initially denied the petition, concluding that the proposed position of construction/special projects manager for a restaurant chain was not a specialty occupation. The AAO sustained the appeal, finding that the petitioner successfully demonstrated the complexity of the role through contracts and plans for a $1.5 million remodeling effort. The AAO determined the duties, which involve understanding design, construction methods, cost estimating, and various codes, are so specialized and complex that the knowledge required is usually associated with a bachelor's degree.

Criteria Discussed

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