Dismissed
H-1B
H-1B Dismissed — Business Analysis (2005): did not establish the proffered position of business
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of business analyst qualifies as a specialty occupation. The petitioner provided a generic list of duties associated with management analysts but failed to provide a meaningful description of the specific tasks the beneficiary would perform for the petitioner's surplus retail business. This lack of specificity meant the petitioner could not demonstrate that the position actually required a bachelor's degree in a specific specialty.
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
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