Dismissed
H-1B
H-1B Dismissed — Journalism (2005): did not establish the proffered journalist/writer position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered journalist/writer position qualified as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the director found that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation, as a broad liberal arts background is often acceptable. The petitioner also did not prove that the position was uniquely complex or that a specific degree was common to the industry for similar roles.
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, In The Alternative, An Employer May Show That Its Particular 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →