Dismissed
H-1B
H-1B Dismissed — Law (2016): did not establish the proffered 'law clerk' position
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
Normal Degree Requirement For Position Common Industry Degree Requirement Or Unique Position Employer Normally Requires Degree Specialized And Complex Duties
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