dismissed H-1B

dismissed H-1B Case: Law

📅 Date unknown 👤 Company 📂 Law

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered "law clerk" position qualifies as a specialty occupation. The AAO found a contradiction between the petitioner's claim of complex duties and their designation of the position as a Level I (entry-level) wage on the Labor Condition Application (LCA). Furthermore, the petitioner's acceptance of a wide range of degrees (law, business, English, accounting) undermined the argument that the position required a degree in a specific specialty.

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 The 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 Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: Law

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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