Dismissed
H-1B
H-1B Dismissed — Aviation (2006): did not establish the proffered position of commercial
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of commercial pilot and mechanic qualifies as a specialty occupation. The AAO consulted the Department of Labor's Occupational Outlook Handbook and determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupations of pilot or aircraft mechanic. The evidence did not demonstrate that the position was so complex or unique as to necessitate a degree.
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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