H-1B Sustained — Law (2006): the director's basis for denial was incorrect

Decision Summary

The appeal was sustained because the director's basis for denial was incorrect. The director wrongly applied recruitment requirements for H-1B dependent employers, a status that did not apply to the petitioner, and cited a law that was not in effect at the time of filing. Upon review, the AAO found that the position of foreign law advisor qualified as a specialty occupation and the beneficiary possessed the necessary educational qualifications.

Criteria Discussed

Sign up free to download the original PDF