dismissed H-1B

dismissed H-1B Case: Business

📅 Date unknown 👤 Company 📂 Business

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of account manager qualifies as a specialty occupation under any of the regulatory criteria. The director determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for the position. Furthermore, the decision found that the record failed to establish that the beneficiary's foreign education was equivalent to a U.S. bachelor's degree in a specific specialty, rendering him unqualified.

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 Beneficiary'S Qualifications To Perform The Services Of A Specialty Occupation

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dismissed H-1B Case: Business

Decision Summary

Criteria Discussed

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