dismissed H-1B

dismissed H-1B Case: Hotel Management

📅 Date unknown 👤 Company 📂 Hotel Management

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered hotel manager position qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the director and the AAO found that a baccalaureate degree in a specific field is not a standard minimum requirement for lodging manager positions. The petitioner did not successfully demonstrate that the position met any of the four regulatory criteria, such as having duties complex enough to require a degree or that a degree is a common industry standard.

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, In The Alternative, An Employer May Show That Its Particular 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: Hotel Management

Decision Summary

Criteria Discussed

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