Dismissed
H-1B
H-1B Dismissed — Law (2017): did not establish the proffered position of 'EB-5
Decision Summary
The appeal was dismissed because the petitioner did not establish that the proffered position of 'EB-5 immigration specialist' qualifies as a specialty occupation. The AAO noted a discrepancy where the petitioner claimed the position was complex, yet designated it on the Labor Condition Application (LCA) as a Level I (entry-level) wage position for 'Paralegals and Legal Assistants,' an occupational category which does not normally require a bachelor's degree.
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
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