Sustained
H-1B
H-1B Sustained — Fashion Design: the AAO reopened the case on its own motion after the
Decision Summary
The AAO reopened the case on its own motion after the petitioner filed a complaint in U.S. District Court. Upon reopening, the AAO withdrew its prior dismissal of the appeal and determined that the petition would be approved, effectively finding the fashion designer role to be a specialty occupation.
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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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