sustained H-1B

sustained H-1B Case: Software Quality Assurance

📅 Date unknown 👤 Company 📂 Software Quality Assurance

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Decision Summary

The appeal was sustained because the AAO found the Director erred in concluding the proffered position was not a specialty occupation. The Director had incorrectly determined that the acceptable degree fields were too broad, mischaracterizing a 'computer engineering' requirement as any 'engineering' degree. The AAO concluded that the position's duties were specialized and complex, and that the required degrees in fields like computer science and computer engineering constituted a specific specialty, thereby qualifying the position as a specialty occupation.

Criteria Discussed

Specialty Occupation Definition Degree In A Specific Specialty Nature Of Duties Is Specialized And Complex (8 C.F.R. § 214.2(H)(4)(Iii)(A)(4))

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