dismissed H-1B

dismissed H-1B Case: Electrical Engineering

📅 Date unknown 👤 Company 📂 Electrical Engineering

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation. The director found, and the AAO agreed, that the majority of the proposed duties, such as servicing and troubleshooting, were those of a technician, a role that does not typically require a bachelor's degree. The petitioner also failed to establish a history of requiring a degree for the position or that such a requirement was common in the industry for similar roles.

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

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dismissed H-1B Case: Electrical Engineering

Decision Summary

Criteria Discussed

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