dismissed H-1B

dismissed H-1B Case: Import/Export

📅 Date unknown 👤 Company 📂 Import/Export

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position qualified as a specialty occupation under any of the regulatory criteria. The AAO determined that the duties of the 'accounting executive,' which were primarily marketing-related, did not require a bachelor's degree in a specific specialty, nor was this a common requirement in the industry. The evidence submitted, such as job postings, was found to be irrelevant as it did not demonstrate that similar companies require a degree for parallel positions.

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 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: Import/Export

Decision Summary

Criteria Discussed

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