H-1B Sustained — Law (2006): the director denied the petition, concluding the 'foreign

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

Sign up free to download the original PDF