dismissed
H-1B
dismissed H-1B Case: Computer Sales
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales representative' position qualifies as a specialty occupation. The AAO, referencing the Department of Labor's Occupational Outlook Handbook, found that a bachelor's degree in a specific field is not a standard minimum requirement for such roles, even when they involve technical products, and the evidence did not prove the specific duties were complex enough to require such a degree.
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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