sustained H-1B

sustained H-1B Case: Electrical Engineering

📅 Date unknown 👤 Company 📂 Electrical Engineering

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Decision Summary

The director initially denied the petition, asserting the proffered position was that of an electrical engineering technician, which does not require a bachelor's degree. The AAO sustained the appeal, determining that the described duties were consistent with those of a professional electrical engineer, an occupation that the Occupational Outlook Handbook confirms normally requires a baccalaureate degree, thus 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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sustained H-1B Case: Electrical Engineering

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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