H-1B Dismissed — Intellectual Property Law (2016): did not establish the proffered 'patent specialist'

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'patent specialist' position qualifies as a specialty occupation. The petitioner listed a wide range of thirty disparate academic fields (such as botany, textile technology, and mining engineering) as qualifying for the position, which contradicts the requirement for a degree in a specific specialty or its equivalent. The AAO concluded that the petitioner did not show how these diverse fields were closely related or directly applicable to the position's duties.

Criteria Discussed

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