dismissed H-1B

dismissed H-1B Case: Business Operations

📅 Date unknown 👤 Company 📂 Business Operations

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager of operations' qualifies as a specialty occupation. The director found the job duties were too vaguely described to demonstrate the necessity of a bachelor's degree in a specific field. The AAO agreed, concluding the petitioner did not meet any of the four regulatory criteria, failing to prove that a degree is a normal requirement for the position, common in the industry, or necessitated by the complexity of the duties.

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 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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dismissed H-1B Case: Business Operations

Decision Summary

Criteria Discussed

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