dismissed
H-1B
dismissed H-1B Case: Healthcare
Decision Summary
The appeal was dismissed because the petitioner, a small medical facility and spa, failed to establish that the proffered position of a market research analyst qualifies as a specialty occupation. The AAO found that the petitioner did not demonstrate sufficient organizational complexity or business need for such a role and did not prove that the position met any of the four regulatory criteria, such as a normal degree requirement for the position or duties so complex they require a degree.
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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