Dismissed
H-1B
H-1B Dismissed — Law (2006): did not establish the proffered position of a legal
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of a legal assistant qualifies as a specialty occupation. The AAO, referencing the Department of Labor's Occupational Outlook Handbook, determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into this occupation. The petitioner did not sufficiently demonstrate that its particular position was so complex or unique as to necessitate a degreed individual.
Criteria Discussed
Normal Minimum Requirement Of A Bachelor'S Degree Or Higher For The Position Degree Requirement Is Common To The Industry For Parallel Positions The Position Is So Complex Or Unique That It Can Only Be Performed By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Bachelor'S Degree
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