dismissed H-1B

dismissed H-1B Case: Business Analysis

📅 Date unknown 👤 Company 📂 Business Analysis

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Decision Summary

The appeal was dismissed because the petitioner did not establish that the proffered 'cost analyst' position qualifies as a specialty occupation. The AAO determined that requiring a general business administration degree is insufficient, as a specialty occupation requires a degree in a specific specialty directly related to the position. Furthermore, the petitioner failed to satisfy the regulatory criteria, including that a bachelor's degree in a specific field is the normal minimum requirement for entry into the particular position, as supported by the Department of Labor's Occupational Outlook Handbook.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Standard Or Position Complexity 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer'S Normal Requirement 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties

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