Sustained
H-1B
H-1B Sustained — Graphic Design (2005): the director initially denied the petition, not because
Decision Summary
The director initially denied the petition, not because graphic designer isn't a specialty occupation, but because it was believed the petitioner did not have a bona fide need for a full-time position. The AAO sustained the appeal because the petitioner, a restaurant franchisor with 45 stores and significant expansion plans, successfully argued and established its specific business need for a full-time, in-house graphic designer. The AAO found the position met the specialty occupation criteria as it normally requires a bachelor's degree.
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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