Sustained
H-1B
H-1B Sustained — Construction Management (2007): the director initially denied the petition, arguing that a
Decision Summary
The director initially denied the petition, arguing that a construction manager position is not a specialty occupation as it does not always require a bachelor's degree. The AAO sustained the appeal, concluding that while not all such positions qualify, the specific duties described by this large petitioner were specialized and complex enough to require knowledge associated with a bachelor's degree, thereby satisfying the fourth criterion for a specialty occupation.
Criteria Discussed
Normal Degree Requirement For The Position Degree Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are So Specialized And Complex As To Require A Degree
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