dismissed
H-1B
dismissed H-1B Case: Business Management
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Decision Summary
The appeal was dismissed because the petitioner, a start-up company, had not yet established the retail food store enterprise that would generate the duties for the proffered Chief Financial Officer position. As the duties could not be performed at the time of filing, the position was not eligible. Additionally, the evidence failed to establish that the proffered position met the regulatory criteria for a specialty occupation.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position'S Complexity Employer'S Normal Requirement Of A Degree For The Position Specialized And Complex Nature Of The Specific Duties
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