Sustained
H-1B
H-1B Sustained โ Software Engineering: established it would be the beneficiary's direct employer,
Decision Summary
The appeal was sustained because the petitioner successfully established it would be the beneficiary's direct employer, not an agent, and therefore was not subject to the regulations for agents. The AAO also found that the petitioner provided a meaningful description of the proposed duties for the software engineer position and established that it qualified as a specialty occupation.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
๐ Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions โ