Dismissed
H-1B
H-1B Dismissed — Biomedical Technology (2005): did not establish the proffered position of 'project
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'project manager/international consultant' qualifies as a specialty occupation. The AAO concurred with the director's finding that the duties resembled those of a promotions manager, which does not normally require a bachelor's degree in a specific specialty. The petitioner failed to satisfy any of the four regulatory criteria to establish the position as a specialty occupation.
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 Is 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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