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 Budget Analyst position qualifies as a specialty occupation. The AAO determined, based on the Department of Labor's Occupational Outlook Handbook, that a degree in a specific specialty is not the normal minimum requirement for this role, as degrees in a wide variety of fields are acceptable. The petitioner's evidence, including an expert opinion and job advertisements, was found to be unpersuasive and insufficient to meet the regulatory criteria.

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

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