dismissed H-1B

dismissed H-1B Case: Business

📅 Date unknown 👤 Company 📂 Business

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'market retention cost administrator' qualifies as a specialty occupation. The AAO concluded that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for the position or that the duties are sufficiently specialized and complex. Evidence submitted, such as letters from other businesses, was found insufficient to prove a degree requirement is common to the industry.

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 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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