sustained H-1B Case: Law
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Decision Summary
The director denied the petition, concluding the 'foreign legal specialist' position was not a specialty occupation and was similar to a paralegal. The AAO sustained the appeal, finding the petitioner established that the position's duties were more complex than those of a paralegal and were similar to a first-year law associate, which requires a law degree. An expert opinion from a law school dean supported that a law degree was necessary to perform the duties, thus qualifying the position as a specialty occupation.
Criteria Discussed
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