dismissed H-1B

dismissed H-1B Case: Biofuels

📅 Date unknown 👤 Company 📂 Biofuels

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered business analyst position qualifies as a specialty occupation. The AAO found that the petitioner's requirement for a bachelor's degree in various disparate fields such as economics, finance, or marketing, without showing how each is directly related to the position, did not meet the H-1B standard of requiring a degree in a 'specific specialty'. A generalized degree requirement is insufficient to classify a position as a specialty occupation.

Criteria Discussed

Specialty Occupation Definition Requirement For A Degree In A Specific Specialty Normal Minimum Entry Requirement (First Criterion) Common To The Industry (Second Criterion) Employer'S Normal Requirement (Third Criterion) Specialized And Complex Duties (Fourth Criterion)

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