Sustained
H-1B
H-1B Sustained — Journalism: the director initially denied the petition, finding that
Decision Summary
The director initially denied the petition, finding that the proffered editor position was not a specialty occupation. The AAO sustained the appeal, determining that while not all editor positions are specialty occupations, the specific duties in this case were sufficiently complex, and industry standards (per the Occupational Outlook Handbook) generally require a degree in a related field like journalism, thus qualifying the position.
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
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