Dismissed
H-1B
H-1B Dismissed — Aviation (2007): did not establish the proffered position of aircraft pilot
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of aircraft pilot in command qualifies as a specialty occupation. The AAO found that the duties of the position did not require the theoretical and practical application of a body of highly specialized knowledge, and that a bachelor's degree in a specific specialty is not the minimum requirement for entry into the occupation. The AAO also noted that a petitioner cannot materially change the job responsibilities in response to a request for evidence to make a position qualify.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties Associated With A Degree
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