dismissed H-1B

dismissed H-1B Case: Business Administration

📅 Date unknown 👤 Organization 📂 Business Administration

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'administrative assistant' position qualifies as a specialty occupation. The AAO found numerous inconsistencies and discrepancies in the record, which undermined the petitioner's credibility. These included conflicting information about the position's minimum educational requirements (at times listed as an associate's degree and at other times a bachelor's degree) and a significant discrepancy in the beneficiary's stated rate of pay.

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, In The Alternative, An Employer May Show That Its Particular 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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dismissed H-1B Case: Business Administration

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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