Dismissed
H-1B
H-1B Dismissed — Budget Analysis (2005): did not establish the proffered Budget Analyst position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered Budget Analyst position qualified as a specialty occupation. The AAO found that while a bachelor's degree is generally required for the occupation, the petitioner did not show a requirement for a degree in a specific specialty, which is necessary to meet the regulations. The petitioner also failed to provide evidence that a specific degree is a standard industry requirement, that the company normally requires a degree for the role, or that the duties are sufficiently complex to necessitate a degreed individual.
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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