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 qualifies as a specialty occupation. Although a bachelor's degree is generally required for budget analysts, the petitioner did not demonstrate that the position requires a degree in a specific specialty, as mandated by regulation. The petitioner also failed to provide sufficient evidence to meet the other criteria for a specialty occupation, such as an industry-wide degree standard or that the specific duties were uniquely complex.
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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