dismissed H-1B

dismissed H-1B Case: Business Management

📅 Date unknown 👤 Company 📂 Business Management

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Decision Summary

The appeal was dismissed because the petitioner, a convenience store/gas station, failed to demonstrate that the proffered business manager position qualifies as a specialty occupation. The AAO concluded that the duties were an amalgam of a marketing manager and a financial clerk, roles which do not normally require a bachelor's degree in a specific specialty, especially given the small scale of the petitioner's operations. The evidence did not establish that the position was complex enough to necessitate a degreed professional.

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 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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