Sustained
H-1B
H-1B Sustained — Software Engineering (2005): the AAO found that the proffered position of software
Decision Summary
The appeal was sustained because the AAO found that the proffered position of software engineer qualified as a specialty occupation. Contrary to the director's finding, the AAO determined that the specific duties, which involved developing custom software for both internal operations and for commercial sale, were sufficiently specialized and complex. Referencing the Occupational Outlook Handbook, the AAO concluded that the knowledge required to perform these duties is usually associated with at least a bachelor's degree, thereby meeting the regulatory criteria.
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 Are 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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