dismissed H-1B

dismissed H-1B Case: Web Design

📅 Date unknown 👤 Company 📂 Web Design

Decision Summary

The appeal was dismissed because the petitioner, a small cellular phone wholesaler, failed to establish that the proffered Web Designer position qualified as a specialty occupation. The AAO determined that a bachelor's degree is not the normal minimum requirement for such a role, citing the Department of Labor's Occupational Outlook Handbook. Additionally, the job postings submitted as evidence were not considered probative as the petitioner did not demonstrate that the advertising companies were similar or that the positions were parallel to the one offered.

Criteria Discussed

Normal Minimum Requirement For Entry Into The Position Is A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree

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