dismissed H-1B

dismissed H-1B Case: Law

📅 Date unknown 👤 Company 📂 Law

Decision Summary

The appeal was dismissed because the petitioner, a law firm, failed to establish that the proffered position of 'legal researcher' qualifies as a specialty occupation. The AAO determined that the petitioner did not prove that a bachelor's degree in a specific specialty is the minimum requirement for the position, noting that the petitioner itself employs a law student who has not yet completed a law degree in the same role. The petitioner also failed to show that such a degree requirement is common to the industry for similar positions.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: Law

Decision Summary

Criteria Discussed

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