Dismissed
H-1B
H-1B Dismissed — Business Management (2005): the appeal was dismissed primarily because the petitioner's
Decision Summary
The appeal was dismissed primarily because the petitioner's retail food store enterprise had not yet commenced operations at the time the petition was filed. Therefore, the proffered Chief Financial Officer position did not yet exist and could not be classified. Additionally, the AAO found that the petitioner failed to establish that the proposed duties for a single start-up store were sufficiently complex to qualify as a specialty occupation requiring a bachelor's degree in a specific field.
Criteria Discussed
Definition Of Specialty Occupation (Ina § 214(I)(1)) Regulatory Criteria For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Eligibility At The Time Of Filing (8 C.F.R. § 103.2(B)(12))
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →