dismissed H-1B

dismissed H-1B Case: Furniture Design

📅 Date unknown 👤 Company 📂 Furniture Design

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of furniture designer qualifies as a specialty occupation. The AAO sided with the director's finding that the position's duties aligned more with a woodworker, an occupation that does not typically require a bachelor's degree, rather than an industrial designer. The petitioner did not successfully demonstrate that a degree was a normal requirement for the position, common in the industry, required by the employer, or necessitated by the complexity of the duties.

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 The 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 Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.

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dismissed H-1B Case: Furniture Design

Decision Summary

Criteria Discussed

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