Dismissed
H-1B
H-1B Dismissed — Interior Design (2005): did not establish the proffered position of interior design
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of interior design consultant qualifies as a specialty occupation. The AAO determined that the petitioner did not prove that a bachelor's degree in a specific specialty is the normal minimum requirement for entry into the position. The critical element is the nature of the duties, not the job title, and the evidence provided was insufficient to demonstrate that the position required the theoretical and practical application of a body of highly specialized knowledge.
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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Whether The Position Meets The Definition Of A Specialty Occupation Under 8 C.F.R. 214.2(H)(4)(Iii)(A)
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