dismissed
H-1B
dismissed H-1B Case: Food Service
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of "business operations specialist" qualifies as a specialty occupation. The petitioner did not demonstrate that the duties were sufficiently complex or that a bachelor's degree in a specific specialty is the normal minimum requirement for the role, particularly as the position was designated at a Level I (entry-level) wage.
Criteria Discussed
Whether A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement For The Position. Whether The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations. Whether The Employer Normally Requires A Degree For The Position. Whether The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
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