Dismissed
H-1B
H-1B Dismissed — Finance (2006): did not establish the proffered position of financial
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of financial analyst qualifies as a specialty occupation. The AAO found that the petitioner submitted materially different and inconsistent job descriptions; the initial description detailed financial duties, while a later submission described public relations and marketing duties. This unresolved inconsistency cast doubt on the reliability of the evidence and led to the conclusion that the petitioner did not meet its burden of proof.
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 Particular 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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