dismissed H-1B Case: Intellectual Property Law
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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