dismissed H-1B

dismissed H-1B Case: Government Contracting

📅 Date unknown 👤 Company 📂 Government Contracting

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

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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