sustained
H-1B
sustained H-1B Case: Survey Engineering
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Decision Summary
The appeal was sustained because the AAO found that the position of survey engineer qualified as a specialty occupation. The AAO reasoned that Texas state law requires professional surveyors to be licensed, and this licensing process mandates a bachelor's degree. Therefore, the nature of the duties was deemed specialized and complex enough to require knowledge associated with a baccalaureate degree, satisfying the regulatory criteria.
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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Beneficiary'S Qualifications To Perform The Duties Of The Specialty Occupation
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