dismissed
H-1B
dismissed H-1B Case: Construction Engineering
Decision Summary
The appeal was dismissed because the petitioner, a small general contractor, failed to prove that the proffered position of a mechanical/construction engineer qualified as a specialty occupation. The AAO concluded that the petitioner did not establish that a bachelor's degree is a normal requirement for the position, that the duties were sufficiently specialized or complex, or that it was an industry standard for similar small companies to require such a degree for this role.
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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