Sustained
H-1B
H-1B Sustained — Software Development: the director initially denied the petition due to a lack of
Decision Summary
The director initially denied the petition due to a lack of evidence detailing the beneficiary's specific duties at the end-client's worksite. The appeal was sustained because the petitioner provided a comprehensive letter from the client's CEO describing the specialized and complex nature of the beneficiary's software engineering duties on a specific project, which was sufficient to establish the position 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 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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