H-1B Dismissed — Legal Research (2016): did not establish the proffered position of 'director of

Decision Summary

The appeal was dismissed because the petitioner did not establish that the proffered position of 'director of overseas operations' qualifies as a specialty occupation. The primary reason for the denial was the petitioner's failure to consistently identify the minimum educational requirements for the position, having changed the requirement from a general bachelor's degree, to a business degree, and finally to a library science degree plus law school training. These inconsistencies, without objective evidence to resolve them, undermined the claim that a specific degree is a minimum prerequisite for the job.

Criteria Discussed

Sign up free to download the original PDF