sustained
H-1B
sustained H-1B Case: Graphic Design
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Decision Summary
The appeal was sustained because the proffered position of graphic designer qualifies as a specialty occupation, as a bachelor's degree is normally a minimum requirement according to the Occupational Outlook Handbook. The AAO also found that a valid employer-employee relationship exists, despite the beneficiary being the owner, because the petitioning corporation is a separate legal entity.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer-Employee Relationship
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