dismissed H-1B Case: Law
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Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered 'law clerk' position qualifies as a specialty occupation. The AAO found inconsistencies, noting the position was classified as a 'Judicial Law Clerk' on the Labor Condition Application, but the duties involved assisting attorneys in a law firm, not a judge. The duties described did not establish that the position was so specialized or complex as to require a specific bachelor's degree or higher, a conclusion supported by the petitioner's selection of a Level I wage.
Criteria Discussed
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