sustained
H-1B
sustained H-1B Case: Software Engineering
Decision Summary
The director denied the petition, finding the proffered software engineer role was not a specialty occupation. The AAO sustained the appeal, determining that the petitioner successfully established the fourth criterion for a specialty occupation: the specific duties were so specialized and complex that the knowledge required is usually associated with a bachelor's degree in computer science or software engineering.
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 The 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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