Dismissed
H-1B
H-1B Dismissed — Education Administration (2006): did not establish the proffered position of 'international
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'international student advisor' qualifies as a specialty occupation. The petitioner provided inconsistent documentation regarding the minimum educational requirements, with some job descriptions not listing a degree requirement and others allowing for a combination of education and experience. This failure to unequivocally require a bachelor's degree in a specific specialty as a minimum for the position led the AAO to conclude that none of the four regulatory criteria for a specialty occupation had been met.
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 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 Beneficiary'S Qualifications For The Specialty Occupation
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