dismissed H-1B

dismissed H-1B Case: Business Management

📅 Date unknown 👤 Company 📂 Business Management

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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))

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