H-1B Dismissed — Data Analysis (2020): did not establish the proffered "data analyst" position

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered "data analyst" position qualifies as a specialty occupation. The petitioner did not demonstrate that a bachelor's degree in a specific specialty is a common industry requirement for parallel positions, as required by the regulations. Evidence, including the Occupational Outlook Handbook and job postings submitted by the petitioner, was insufficient and in some cases contradictory, showing that a variety of educational backgrounds or simply experience were acceptable for similar roles.

Criteria Discussed

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