Dismissed
H-1B
H-1B Dismissed — Electrical Engineering: did not establish the proposed position qualified as a
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proposed position qualified as a specialty occupation. The AAO found that the described duties were more aligned with those of an electrician, which does not require a bachelor's degree, rather than an electrical engineer. The petitioner did not provide sufficient evidence to demonstrate the complexity of the duties or that their business needs had changed to require an engineer instead of the electrician they already employed.
Criteria Discussed
Bachelor'S Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex They Require A Degree
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