Dismissed
H-1B
H-1B Dismissed — Business Management (2007): did not establish the proffered position of business
Decision Summary
The appeal was dismissed because the petitioner, a gasoline and convenience store, failed to establish that the proffered position of business management analyst qualifies as a specialty occupation. The AAO found the duties were more aligned with a general/operations manager, a position that does not consistently require a bachelor's degree in a specific specialty. The petitioner did not prove that such a degree was a normal industry requirement for similar businesses or that the duties were sufficiently specialized or complex.
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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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