Dismissed
H-1B
H-1B Dismissed — Hospitality (2016): did not establish the proffered position of 'business
Decision Summary
The appeal was dismissed because the petitioner, a small hotel with only eight employees, failed to establish that the proffered position of 'business development specialist' qualifies as a specialty occupation. The AAO found inconsistencies in the record, such as insufficient staffing to operate the hotel and a job description that referenced a non-existent marketing team. These discrepancies raised significant doubts as to whether the beneficiary would actually perform the specialized duties as claimed.
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 Are 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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