H-1B Sustained — Software Development (2007): established it would be the beneficiary's employer by

Decision Summary

The appeal was sustained because the petitioner successfully demonstrated that it would be the beneficiary's employer by showing it would hire, pay, fire, and control the beneficiary's work. The AAO also found that the proposed 'developer' position qualified as a specialty occupation because the nature of the duties, in the context of the petitioner's software development business, were sufficiently specialized and complex to require a bachelor's degree.

Criteria Discussed

Sign up free to download the original PDF