H-1B Sustained — Information Technology (2020): uSCIS rescinded its policy guidance regarding third-party

Decision Summary

The appeal was sustained because USCIS rescinded its policy guidance regarding third-party worksites, which was a basis for the initial denial concerning speculative employment. Furthermore, the AAO determined that the petitioner successfully demonstrated that the 'SQL developer' position's duties are specialized and complex enough to require a bachelor's degree in a specific specialty, thus meeting the criteria for a specialty occupation.

Criteria Discussed

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