Sustained
H-1B
H-1B Sustained — Web Design (2006): the director denied the petition, concluding that the
Decision Summary
The director denied the petition, concluding that the proffered 'website designer' position did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the petitioner's clarification of the role as a 'web graphic designer' was not a material change to the petition, but rather an accurate reflection of the duties originally described. The AAO agreed with the petitioner that the duties were sufficiently complex and specialized to qualify the position as a specialty occupation.
Criteria Discussed
Baccalaureate Or Higher Degree Is A Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry, Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specific Duties Are So Specialized And Complex As To Require A Degree
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