dismissed
H-1B
dismissed H-1B Case: Hospitality Management
Decision Summary
The appeal was dismissed because the petitioner, a pet hotel and spa, failed to establish that the proffered manager position qualifies as a specialty occupation. The AAO determined that a bachelor's degree in a specific specialty is not a minimum requirement for such a role, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner did not provide sufficient evidence to meet any of the regulatory criteria for a specialty occupation.
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 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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