Sustained H-1B

H-1B Sustained — Graphic Design (2006): the director denied the petition, stating the proffered

📅 2006-01-20 👤 Company 📂 Graphic Design

Decision Summary

The director denied the petition, stating the proffered graphic designer position did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the petitioner had established the position qualifies as a specialty occupation by meeting the criterion that a baccalaureate degree is a normal minimum requirement for entry, citing the Occupational Outlook Handbook and an expert opinion letter. The AAO also determined the beneficiary was qualified for the position based on a credential evaluation of their foreign degree.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) 8 C.F.R. § 214.2(H)(4)(Iii)(C)(2)
📄 Original decision (USCIS PDF)

Sign up free to download the original PDF

Research more H-1B decisions on MeritDraft

Browse AAO decisions by visa type, outcome, and criteria discussed.

Browse Decisions →