Written by attorney Brian David Lerner

Overview of a Translator as an H-1B position

Generally, a regular translator will not suffice for an H-1B position. However,the following positions should qualify:

Translator position qualified as specialty occupation position. The job entailed supervising commercial translators. The AAO held that the duties, while not identical, appeared to parallel those of a technical writer, which is considered an H-1B-caliber occupation. The agency adjudicator had determined that the position was similar to that of a general manager but the AAO decided that the beneficiary's duties also involved general responsibility for all translations and the selection of translators for particular tasks. Because the duties required evaluating the competence of translators, the AAO found that the position could be considered more specialized than a mere general managerial position. EAC 93 177 51380 ESC (MIA), Jan. 14, 1996. Bilingual specialist position for international automotive parts firm qualified as a specialty occupation. The specialist would instruct and assist Japanese technical personnel in translating and presenting their mechanical drawings in a manner which would appeal to U.S. customers and in a manner which they could understand. The specialist would also assist in the technical translation of automobile assembly and component party industry standards to comply with standards of the U.S. and Japan. The AAO held that the position was more complex than a simple interpreter/translator position and appeared to be more closely analogous to a technical writer position. LIN 94034 50946 NSC (LOU), June 13, 1994. Interpreter/translator position qualified as specialty occupation. Duties included translation of business documents and acting as translator for Chinese representatives. The interpreter/translator was required to be familiar with business terms because language and ideas conveyed were of highly technical nature. The AAO ruled that the position appeared to involve such a complex translator/interpreter position, since the holder of the position would work for a merchant bank with extensive foreign operations and would translate documents which include complex business, financial, and legal terms. LIN 95 005 50075 NSC (CHI), July 14, 1995.

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