Dismissed
H-1B
H-1B Dismissed — Fashion: did not establish the proffered position of market research
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of market research analyst qualifies as a specialty occupation. Although a bachelor's degree is a minimum requirement for such roles, the petitioner did not establish that the degree must be in a specific specialty. The petitioner also failed to prove that a degree requirement is common for this position within the fashion industry or that the specific duties were so complex as to require a degreed individual.
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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