Dismissed
H-1B
H-1B Dismissed — Law (2016): did not establish the proffered 'law clerk' position
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 inconsistencies in the job descriptions and requirements, and determined the duties listed did not consistently require a specific degree. Additionally, the AAO questioned the petitioner's use of the 'Paralegals and Legal Assistants' occupational category on the Labor Condition Application (LCA), as the petitioner argued the position was more complex than a paralegal.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Labor Condition Application (Lca) Occupational Classification
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