Dismissed
H-1B
H-1B Dismissed — Business Management (2016): did not establish the proffered 'operations manager'
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'operations manager' position qualified as a specialty occupation. The AAO found that requiring a general business management degree was insufficient, as a specialty occupation requires a degree in a specific specialty directly related to the duties. Furthermore, the provided job description was deemed unreliable because the listed duty percentages totaled 120%, and the duties were not described with enough detail to prove their specialized and complex nature.
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 The 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 A Baccalaureate Or Higher Degree Is Required
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