dismissed H-1B

dismissed H-1B Case: Business Operations

📅 Date unknown 👤 Company 📂 Business Operations

Decision Summary

The appeal was dismissed because the petitioner, a senior retirement facility, failed to establish that the proffered position of business operations analyst qualifies as a specialty occupation. The AAO concurred with the director that the described duties were not sufficiently specialized or complex to necessitate a bachelor's degree in a specific field. The petitioner did not demonstrate that such a degree is a normal minimum requirement for the position, common in the industry for similar roles, or that the duties align with a professional occupation like an operations research analyst.

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, In The Alternative, An Employer May Show That Its Particular 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 Is 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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