In an appeal of a denied H-1B petition, the Office of Administrative Appeals found that the position of Webographer constituted a Graphic Designer position suitable for an H-1B. Although this case involved a petition for an H-1B visa, it may help support an argument for TN visa status for similar positions under the TN occupational category for Graphic Designers.
The Petitioner, an internet multimedia firm, filed an H-1B petition in order to employ an individual as a Webographer – “a pioneer position in the emerging art of shooting, editing, and compressing video for playback over the Internet.” The duties of the position involved “use of new technology to produce video clips for delivery over the Internet and to computers, and by doing so to promote business” for the Petitioner. The position involved handling “all aspects of producing, shooting, and editing the video clips.”
The USCIS denied the petition, contending that the position did not qualify as a specialty occupation (a requirement for H-1B petitions). In its review, the Appeals Office reiterated its rule that “the duties of the position are dispositive and not the job title” when determining whether a position meets the relevant regulatory standards. Examining the job duties in reference to the Occupational Outlook Handbook, the Appeals Office determined that the position offered was classifiable as a Graphic Designer, which met the specialty occupation requirements for the H-1B.