Dismissed
H-1B
H-1B Dismissed — Electrical Engineering: did not establish the proffered position qualified as a
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position qualified as a specialty occupation. The director determined, and the AAO agreed, that the majority of the duties described, such as troubleshooting and servicing equipment, were those of a technician, which does not normally require a bachelor's degree. The petitioner also failed to demonstrate a history of requiring a degree for the position or that such a requirement was common within its industry.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Specialized And Complex Duties Requiring A Degree
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