dismissed
H-1B
dismissed H-1B Case: Elderly Care
Decision Summary
The appeal was dismissed because the petitioner, an elderly home facility, failed to establish that the proffered position of marketing analyst qualifies as a specialty occupation. The AAO affirmed the director's finding that the petitioner did not meet any of the four regulatory criteria, concluding that the duties were not proven to be so specialized or complex as to require a bachelor's degree in a specific field.
Criteria Discussed
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex As To Require A Degree
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