Sustained
H-1B
H-1B Sustained — Engineering (2006): the director initially denied the petition, concluding the
Decision Summary
The director initially denied the petition, concluding the petitioner, a consulting firm, failed to establish that the beneficiary would perform specialty occupation duties for an end-client. The appeal was sustained because the petitioner demonstrated that the beneficiary would primarily work in-house at its own design center, not as a placement at a client site, and that the duties of a design engineer normally require a bachelor's degree in engineering, thereby meeting the specialty occupation criteria.
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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