dismissed H-1B

dismissed H-1B Case: Aviation

📅 Date unknown 👤 Company 📂 Aviation

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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