Dismissed
H-1B
H-1B Dismissed — Biofuels (2020): did not establish the proffered business analyst position
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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