Sustained
H-1B
H-1B Sustained — Graphic Design (2005): the director denied the petition, arguing that the
Decision Summary
The director denied the petition, arguing that the petitioner, a restaurant franchisor, did not have a bona fide need for a full-time graphic designer. The appeal was sustained because the petitioner successfully explained its need for a full-time in-house graphic designer for its 45 retail stores and future expansion, thus establishing the position as 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, In The Alternative, An Employer May Show That Its Particular 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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →