dismissed H-1B

dismissed H-1B Case: Auto Show Production

📅 Date unknown 👤 Company 📂 Auto Show Production

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Decision Summary

The appeal was dismissed because the petitioner failed to prove the proffered position of Human Resources Manager qualifies as a specialty occupation. The director and the AAO found that the petitioner's small size and the routine nature of the duties did not demonstrate the organizational complexity necessary to require a professional with a bachelor's degree in a specific specialty. The petitioner failed to satisfy any of the four regulatory criteria for a specialty occupation.

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 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

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