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. The director and the AAO determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation, citing the Department of Labor's Occupational Outlook Handbook. The petitioner did not sufficiently prove that the position met any of the four regulatory criteria, such as the position being so complex or unique as to require a degree.
Criteria Discussed
Normal Minimum Requirement For The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry In Parallel Positions Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Is So Specialized And Complex That It Requires A Degree
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