H-1B Dismissed — Law: the beneficiary was not qualified to immediately perform

Decision Summary

The appeal was dismissed because the beneficiary was not qualified to immediately perform the duties of the specialty occupation. The director and AAO determined that the role of a foreign legal consultant required state certification in Florida, which the beneficiary lacked at the time of filing. The petitioner's argument that the beneficiary would work under supervision and could apply for certification after arrival was insufficient to overcome the requirement that the beneficiary must possess the necessary licensure to practice in the occupation.

Criteria Discussed

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