dismissed H-1B

dismissed H-1B Case: Architecture

📅 Date unknown 👤 Company 📂 Architecture

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of an architectural drafter qualifies as a specialty occupation. The AAO found that a bachelor's degree is not the normal minimum requirement for the role, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner also failed to prove that a degree is a common industry requirement, that its client normally hires degree-holders for the role, or that the duties are sufficiently complex to necessitate a degree.

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. 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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dismissed H-1B Case: Architecture

Decision Summary

Criteria Discussed

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