sustained
H-1B
sustained H-1B Case: Software Engineering
Decision Summary
The director initially denied the petition because the proffered position was not deemed a specialty occupation. The appeal was sustained because the AAO found that the petitioner successfully established the fourth criterion: the specific duties of the software engineer role were so specialized and complex that the knowledge required to perform them is usually associated with a bachelor's degree in computer science or a related field.
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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is 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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