dismissed H-1B Case: Diamond Wholesale
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed position of 'buyer' for a diamond wholesaler qualifies as a specialty occupation. The AAO disregarded new duties added on appeal, stating a petitioner cannot materially change the position's responsibilities after the initial filing. The analysis, based on the original job description, concluded the duties did not require a baccalaureate degree in a specific specialty.
Criteria Discussed
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