dismissed
H-1B
dismissed H-1B Case: Advertising
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of advertising/promotions manager qualifies as a specialty occupation. The AAO concluded that the petitioner did not demonstrate that a bachelor's degree in a specific field is the normal minimum requirement for the position, that the duties are uniquely complex, or that the petitioner normally requires a degree for the role.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.