dismissed
H-1B
dismissed H-1B Case: Business
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Decision Summary
The appeal was dismissed because the petitioner, a home garden furniture importer, failed to establish that the proffered position of 'market and management assistant' qualifies as a specialty occupation. The director and the AAO concluded that the duties described did not necessitate a bachelor's or higher degree in a specific field as a minimum requirement for entry into the position.
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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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