Dismissed
H-1B
H-1B Dismissed — Law (2006): did not establish the proposed position of 'foreign law
Decision Summary
The appeal was dismissed because the petitioner, a law practice, failed to establish that the proposed position of 'foreign law advisor' qualified as a specialty occupation. The AAO found that the petitioner did not meet any of the four regulatory criteria, concluding the described duties did not necessitate the theoretical and practical application of specialized knowledge requiring a bachelor's degree in a specific specialty. The petitioner's argument regarding prior approvals of similar petitions was also rejected as non-binding.
Criteria Discussed
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Duties Are Specialized And Complex Requiring A Degree
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