Dismissed
H-1B
H-1B Dismissed — Engineering (2016): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO noted material inconsistencies in the job description, particularly regarding whether the role was that of an assistant, an engineer, or an engineering technician, and whether the beneficiary would be assisting or directly performing complex duties. These contradictions, along with classifying the position at a Level I wage on the LCA, undermined the claim that a bachelor's degree in a specific specialty was the minimum requirement for the position.
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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are 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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