Dismissed
H-1B
H-1B Dismissed — Legal Services (2006): did not establish the proffered position of a foreign legal
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of a foreign legal consultant qualifies as a specialty occupation. The AAO found that a bachelor's degree in a specific specialty is not a normal minimum requirement for the position, referencing the Occupational Outlook Handbook's information on the parallel role of a paralegal. Furthermore, evidence submitted regarding parallel positions at other firms did not demonstrate a consistent industry standard of requiring a specific bachelor's degree.
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 Is 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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