dismissed H-1B

dismissed H-1B Case: Hospitality Management

📅 Date unknown 👤 Company 📂 Hospitality Management

Decision Summary

The appeal was dismissed because the petitioner, a motel, failed to establish that the proffered position of manager qualifies as a specialty occupation. The AAO concluded that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, is common in the industry, or is necessitated by the complexity of the duties. The AAO referenced the Department of Labor's Occupational Outlook Handbook, which does not support the claim that a specific baccalaureate degree is required for lodging managers.

Criteria Discussed

Normal Minimum Requirement Of A Baccalaureate Or Higher Degree Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree For The Position Specialized And Complex Duties Usually Associated With A Degree

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