dismissed
H-1B
dismissed H-1B Case: Beauty Salon
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Decision Summary
The appeal was dismissed because the petitioner, a small beauty salon, failed to establish that the proffered position of "Management Consultant" qualifies as a specialty occupation. The decision questioned whether the duties of the position within a small, four-employee business actually required the theoretical and practical application of highly specialized knowledge and a bachelor's degree in a specific specialty.
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 Are 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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