sustained H-1B

sustained H-1B Case: Engineering

📅 Date unknown 👤 Company 📂 Engineering

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Decision Summary

The director initially denied the petition, finding the proffered 'sales engineer' position did not qualify as a specialty occupation. The AAO sustained the appeal, concluding that the position's duties were complex enough to require an engineer's knowledge. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree in engineering is the normal minimum requirement for a sales engineer, thus meeting the criteria for a specialty occupation.

Criteria Discussed

Specialty Occupation Definition 8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) Beneficiary'S Qualifications

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