H-1B Sustained — Software Engineering (2020): the Director initially denied the petition, concluding the

Decision Summary

The Director initially denied the petition, concluding the Petitioner failed to show the Beneficiary was qualified for the position. On appeal, the AAO conducted a de novo review and found that the proffered position's duties were specialized and complex enough to require a bachelor's degree or equivalent, thus qualifying as a specialty occupation. The AAO also concluded the record established the Beneficiary was qualified, leading to the appeal being sustained.

Criteria Discussed

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