dismissed H-1B

dismissed H-1B Case: Law

📅 Date unknown 👤 Company 📂 Law

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'EB-5 Paralegal' position qualifies as a specialty occupation. The AAO concurred with the director's finding that the described duties were not materially different or more complex than those of paralegals in general, an occupation which does not normally require a bachelor's degree in a specific specialty. The petitioner did not prove that the position met any of the regulatory criteria for a specialty occupation.

Criteria Discussed

A Baccalaureate Or Higher Degree 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, Or 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 Are So Specialized And Complex That The 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

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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