Dismissed
H-1B
H-1B Dismissed — Fitness And Recreation (2007): the proffered position of membership sales
Decision Summary
The appeal was dismissed because the proffered position of membership sales representative/fitness trainer was not found to be a specialty occupation. The AAO determined that a bachelor's degree in a specific field is not the normal minimum requirement for entry into this occupation, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner failed to prove that the degree requirement was an industry standard, that the company consistently required a degree for the role, or that the duties were sufficiently specialized and complex.
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 Or The 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 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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