Dismissed
H-1B
H-1B Dismissed — Healthcare Services (2003): did not establish the proffered position of management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of management analyst qualified as a specialty occupation under any of the four regulatory criteria. The AAO found that the described duties were more akin to those of a computer programmer, a role which does not necessarily require a bachelor's degree. The petitioner failed to provide sufficient evidence regarding industry standards, its own past hiring practices, or the unique complexity of the position's duties.
Criteria Discussed
Normal Minimum Requirement Of A Bachelor'S Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
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