Dismissed
H-1B
H-1B Dismissed — Real Estate (2006): did not establish the proffered position of 'web developer'
Decision Summary
The appeal was dismissed because the petitioner, a real estate company, failed to establish that the proffered position of 'web developer' qualifies as a specialty occupation. The director and the AAO found that the petitioner did not prove that a bachelor's degree in a specific field is the normal minimum requirement for the position, is common to the industry, or is necessitated by the complexity of the duties, referencing the Department of Labor's Occupational Outlook Handbook.
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 Or The Position Is So Complex Or Unique That It Can Be Performed Only 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →