Dismissed
H-1B
H-1B Dismissed — Industrial Engineering (2005): did not establish the proffered position of industrial
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of industrial engineer qualified as a specialty occupation. The director determined the duties were more aligned with a construction manager, an occupation that does not normally require a bachelor's degree in a specific field. The petitioner did not prove that a degree was a normal industry requirement, an employer requirement, or necessitated by the complexity of the job duties.
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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