sustained
H-1B
sustained H-1B Case: Software Engineering
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Decision Summary
The appeal was sustained because the petitioner established that the proposed work was non-speculative and would be performed exclusively at its own facilities, not at a third-party client site. The petitioner also successfully demonstrated that the software engineer position's duties are sufficiently specialized and complex to require a bachelor's degree in a specific field, thus qualifying it as a specialty occupation.
Criteria Discussed
Specialty Occupation Availability Of Qualifying Work Specialized And Complex Duties Bachelor'S Degree Requirement
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