H-1B Dismissed — Religion (2024): did not establish the position of church planting pastor

Decision Summary

The appeal was dismissed because the petitioner, a church, failed to establish that the position of church planting pastor qualifies as a specialty occupation. The petitioner's stated job requirements were too vague, allowing for an unspecified amount of "equivalent experience" as an alternative to a master's degree without defining the nature of that experience. Furthermore, the petitioner's reliance on the Department of Labor's Occupational Outlook Handbook was unpersuasive, as the relevant occupational category does not specify that a degree in a *specific* specialty is normally required for entry.

Criteria Discussed

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