H-1B Dismissed — Fashion (2005): did not establish the proffered position of Market Research

Decision Summary

The appeal was dismissed because the petitioner, a small clothing manufacturer, failed to establish that the proffered position of Market Research Analyst qualifies as a specialty occupation. The director found that the petitioner's business operations did not have the organizational complexity to require the services of such a professional and that the duties were more akin to a marketing manager, which does not normally require a bachelor's degree in a specific specialty.

Criteria Discussed

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