Dismissed
H-1B
H-1B Dismissed — Performing Arts (2017): did not establish the proffered 'performer' position
Decision Summary
The appeal was dismissed because the petitioner, a circus, failed to establish that the proffered 'performer' position qualifies as a specialty occupation. The AAO concluded that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, citing the Department of Labor's Occupational Outlook Handbook which indicates no formal educational credential is required for similar roles.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
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