dismissed
H-1B
dismissed H-1B Case: Business Analysis
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualifies as a specialty occupation. The AAO determined that the described duties were a mix of marketing, sales, and general management tasks, which do not consistently require a bachelor's degree in a specific specialty as a minimum for entry. The position was therefore not found to be a specialty occupation under the law.
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 Are 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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