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, a law firm, failed to establish that the proffered position of "legal research & technical writing specialist" qualifies as a specialty occupation. The AAO concluded that the record did not demonstrate that the job duties require a bachelor's degree in a specific specialty as a minimum entry requirement. The analysis noted that the position, designated as a "Technical Writer" on the LCA, does not normally require such a specific degree according to the Department of Labor's Occupational Outlook Handbook.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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