Dismissed
H-1B
H-1B Dismissed — Law (2016): did not establish the proffered paralegal position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered paralegal position qualifies as a specialty occupation. The petitioner's designation of the position as a Level I (entry-level) wage on the Labor Condition Application (LCA) contradicted its claim that the job duties were so complex and specialized as to require a bachelor's degree in a specific field. According to DOL guidance, a Level I wage indicates routine tasks and close supervision, which is inconsistent with the requirements for a specialty occupation.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires A Degree Specialized And Complex Duties Labor Condition Application (Lca) Wage Level
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