dismissed H-1B

dismissed H-1B Case: Computer Technology

📅 Date unknown 👤 Company 📂 Computer Technology

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'sales representative' qualifies as a specialty occupation. The AAO, consulting the Department of Labor's Occupational Outlook Handbook, determined that a bachelor's degree in a specific specialty is not a normal minimum requirement for such a position. The evidence did not prove the role was so complex or unique as to necessitate a degree, as the requirements for sales representatives vary and often prioritize sales ability over a specific educational background.

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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dismissed H-1B Case: Computer Technology

Decision Summary

Criteria Discussed

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