dismissed H-1B

dismissed H-1B Case: Finance

📅 Date unknown 👤 Company 📂 Finance

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Decision Summary

The appeal was dismissed because the petitioner, a clinical laboratory, failed to establish that the proffered financial analyst position qualified as a specialty occupation. Although the AAO disagreed with the director's reasoning that the petitioner's industry was not one that would employ a financial analyst, it ultimately found that the specific duties of the proposed job did not resemble those of a professional financial analyst. Consequently, the petitioner could not demonstrate that the position required the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's degree in a specific specialty.

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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