dismissed H-1B

dismissed H-1B Case: Electronic Design Automation

📅 Date unknown 👤 Company 📂 Electronic Design Automation

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'associate applications engineer' qualifies as a specialty occupation. The AAO determined that the petitioner did not meet the criterion requiring a bachelor's degree in a specific specialty as the normal minimum for entry into the position. The analysis relied on the Department of Labor's Occupational Outlook Handbook for 'Sales Engineers,' which indicated that a degree is not always required and that various disparate degrees could qualify, undermining the requirement for a degree in a specific specialty.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1)

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