H-1B Dismissed — Design (2022): did not establish the beneficiary is qualified to perform

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary is qualified to perform services in the specialty occupation. The petitioner did not provide sufficient evidence, such as foreign degree transcripts, to support an academic equivalency evaluation claiming the beneficiary's education was equivalent to a U.S. bachelor's degree. The petitioner's assertions without supporting documentation were insufficient to meet the burden of proof.

Criteria Discussed

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