dismissed H-1B

dismissed H-1B Case: Health And Beauty Care

📅 Date unknown 👤 Company 📂 Health And Beauty Care

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualified as a specialty occupation. The AAO found that the described duties were more aligned with those of advertising, marketing, or sales managers, for which a bachelor's degree is not a standard minimum requirement. The petitioner did not demonstrate that the position's specific duties were sufficiently complex or that its own hiring practices consistently required a degree for the role.

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, In The Alternative, An Employer May Show That Its Particular 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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dismissed H-1B Case: Health And Beauty Care

Decision Summary

Criteria Discussed

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