Sustained
H-1B
H-1B Sustained — Data Science (2025): the AAO concluded that the record establishes the duties of
Decision Summary
The appeal was sustained because the AAO concluded that the record establishes the duties of the senior data scientist position are so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's or higher degree. The AAO found the Director erred in comparing other job postings without adequate analysis, and ultimately determined the position met the fourth criterion for a specialty occupation.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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