Dismissed
H-1B
H-1B Dismissed — Fitness And Recreation (2006): the proffered position of membership sales
Decision Summary
The appeal was dismissed because the proffered position of membership sales representative/fitness trainer does not qualify as a specialty occupation. The AAO concluded that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into such a position, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner failed to establish that the degree requirement was common to the industry, that the position was uniquely complex, or that the petitioner normally required a degree for the role.
Criteria Discussed
Normal Degree Requirement For The Position Common Industry Degree Requirement Or Unique Position Employer'S Normal Degree Requirement For The Position Specialized And Complex Duties Requiring A Degree
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