sustained H-1B

sustained H-1B Case: Construction

📅 Date unknown 👤 Company 📂 Construction

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Decision Summary

The director initially denied the petition, finding the proffered position of contract administrator did not qualify as a specialty occupation because it did not uniformly require a bachelor's degree. The petitioner successfully appealed by providing additional evidence, including numerous job advertisements and letters from other construction companies, demonstrating that a degree in business administration is a common requirement for such a position within the construction industry.

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 The 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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