dismissed H-1B

dismissed H-1B Case: Health And Beauty Products

📅 Date unknown 👤 Company 📂 Health And Beauty Products

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of market research analyst qualifies as a specialty occupation. The director found that the described duties more closely resembled those of a marketing or sales manager, an occupation that does not consistently require a bachelor's degree. The AAO agreed, concluding the record did not prove that the position's duties were sufficiently specialized or complex to necessitate a degree in a specific field.

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 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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