dismissed H-1B

dismissed H-1B Case: Garment Industry

📅 Date unknown 👤 Company 📂 Garment Industry

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Decision Summary

The appeal was dismissed because the petitioner failed to prove that the proffered position of strategic planning analyst qualifies as a specialty occupation. The AAO determined that the duties, a mix of management analysis and marketing manager roles, did not rise to the level of a specialty occupation and failed to meet any of the four regulatory criteria. The petitioner did not establish that a bachelor's degree in a specific specialty is the normal minimum requirement for this particular position.

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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