H-1B Dismissed — Music (2007): did not establish the beneficiary was qualified to perform

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified to perform the duties of a specialty occupation. The primary evidence, an opinion letter attesting to the beneficiary's foreign diploma being equivalent to a U.S. bachelor's degree, was found to have little evidentiary value because the author was not established as a qualified foreign credential evaluator. The AAO also found the documentation of the beneficiary's work experience insufficient to establish degree equivalency.

Criteria Discussed

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