sustained
H-1B
sustained H-1B Case: Electrical Contracting
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Decision Summary
The appeal was sustained because the AAO disagreed with the director's classification of the position as a paralegal. The AAO found the position to be a contract administrator, which, according to the Department of Labor's Occupational Outlook Handbook, normally requires at least a bachelor's degree in a specific field, thereby meeting the criteria for a specialty occupation.
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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