sustained H-1B

sustained H-1B Case: Medical Research

📅 Date unknown 👤 Company 📂 Medical Research

Decision Summary

The appeal was sustained because the AAO found that the proffered position of medical researcher met the criteria for a specialty occupation. Although the position did not normally require a specific degree, the AAO determined that the nature of the specific duties—which included preparing seminar materials, verifying scientific data, and assisting with academic programs—were sufficiently specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree.

Criteria Discussed

Specialty Occupation Definition 8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Degree Is Normal Minimum Requirement 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Is Common To Industry Or Position Is Complex/Unique 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are Specialized And Complex Beneficiary'S Qualifications

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