sustained H-1B Case: Software Engineering
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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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