dismissed H-1B Case: Government Contracting
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of bidding analyst qualifies as a specialty occupation. The director determined, and the AAO agreed, that the duties did not meet any of the regulatory criteria, primarily because a bachelor's degree is not a normal industry-wide requirement for such a position, according to the Department of Labor's Occupational Outlook Handbook. The petitioner also failed to show the position was uniquely complex or that it had a history of requiring a degree for the role.
Criteria Discussed
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