Dismissed
H-1B
H-1B Dismissed — Construction Consulting (2005): did not establish the proffered position of
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of construction/property consultant qualifies as a specialty occupation. The AAO concluded that the position's duties, as described, were more aligned with those of a claims adjuster or appraiser, occupations that do not normally require a baccalaureate degree in a specific specialty according to the Occupational Outlook Handbook. Consequently, the petitioner did not meet any of the four regulatory criteria required to classify the position as a specialty occupation.
Criteria Discussed
Baccalaureate Or Higher Degree Is A Normal Minimum Requirement Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex
📄 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 →