dismissed H-1B

dismissed H-1B Case: Civil Aviation

📅 Date unknown 👤 Organization 📂 Civil Aviation

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Decision Summary

The appeal was dismissed because the petitioner did not establish that the 'training and development manager' position is a specialty occupation. The petitioner improperly changed the minimum educational requirement in response to an RFE, which is considered a material change. Additionally, the AAO found that the position does not normally require a bachelor's degree in a specific specialty, citing the DOL's Occupational Outlook Handbook which states that individuals in this role come from a wide variety of educational backgrounds, including general business degrees.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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