dismissed
H-1B
dismissed H-1B Case: Construction
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed position of architectural project director qualifies as a specialty occupation. The AAO determined the duties were similar to those of a construction manager, an occupation for which, according to the Occupational Outlook Handbook, a bachelor's degree is not the normal minimum entry requirement as substantial experience is also a viable path.
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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