sustained H-1B

sustained H-1B Case: Software And Hardware

📅 Date unknown 👤 Company 📂 Software And Hardware

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Decision Summary

The director initially denied the petition, finding the petitioner failed to establish that the international sales manager role was a specialty occupation. The appeal was sustained because the petitioner provided additional evidence, including a more detailed job description, which demonstrated the complexity and specialized nature of the duties required for international sales in the global spam firewall market. The AAO concluded that the position's duties were sufficiently complex, requiring knowledge of international trade, to qualify as 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: Software And Hardware

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

Decision Summary

Criteria Discussed

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