Sustained
H-1B
H-1B Sustained — Graphic Design (2006): the AAO determined the proffered position of graphic
Decision Summary
The appeal was sustained because the AAO determined the proffered position of graphic designer qualifies as a specialty occupation, citing the Department of Labor's Occupational Outlook Handbook which states a bachelor's degree is the normal minimum requirement. The petitioner also successfully resolved the director's concern about a discrepancy in its Employer Identification Number (EIN) by explaining a change in its business structure from a partnership to a corporation.
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 Beneficiary'S Qualifications To Perform The Duties Of A Specialty Occupation Petitioner'S Employer Identification Number (Ein) Discrepancy
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