sustained
H-1B
sustained H-1B Case: Software Engineering
Decision Summary
The initial denial was based on the petitioner's failure to provide job responsibilities from the actual end-client. On appeal, the petitioner submitted a letter from the end-user (Nationwide) detailing the software engineer duties, which overcame the director's objections. The AAO found that this evidence, combined with the Occupational Outlook Handbook, established that a bachelor's degree is the normal minimum requirement for the position, thus qualifying it as a specialty occupation.
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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