dismissed H-1B

dismissed H-1B Case: Clinical Laboratory

📅 Date unknown 👤 Company 📂 Clinical Laboratory

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Decision Summary

The appeal was dismissed because the petitioner, a clinical laboratory, failed to establish that the proffered position of market research analyst qualifies as a specialty occupation. The director and the AAO found that the evidence did not demonstrate that the duties were specialized or complex enough to require a bachelor's degree in a specific specialty, which is the standard for an H-1B visa. The AAO also accorded no significant weight to the petitioner's citations of non-precedent decisions or DOL O*NET information.

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: Clinical Laboratory

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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