Dismissed
H-1B
H-1B Dismissed — Business Management (2006): did not establish the assistant manager position qualifies
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the assistant manager position qualifies as a specialty occupation. The AAO concluded that a bachelor's degree in a specific specialty is not the normal minimum requirement for such a role, citing the Department of Labor's Occupational Outlook Handbook. The petitioner's evidence, including job ads that did not require a specific degree discipline and an unsubstantiated expert opinion, was insufficient to prove the position met the regulatory criteria.
Criteria Discussed
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
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