Dismissed
H-1B
H-1B Dismissed — Construction (2006): did not establish the proffered position of project
Decision Summary
The appeal was dismissed because the petitioner, a construction firm, failed to establish that the proffered position of project engineer qualifies as a specialty occupation. The director found the duties were more aligned with those of a construction manager, which does not typically require a bachelor's degree in a specific specialty. The petitioner did not provide sufficient evidence to demonstrate that the position met any of the regulatory criteria, such as industry norms, the employer's hiring history, or unique complexity of duties.
Criteria Discussed
Degree Is Normal Minimum Requirement For The Position Degree Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are Specialized And Complex Requiring A Degree
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