dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the proffered "marketing manager" position qualifies as a specialty occupation. A significant inconsistency was noted between the petitioner's claims of the position's complexity and high-level responsibilities and the Level I (entry-level) wage designated on the Labor Condition Application (LCA). This conflict challenged the credibility of the petition and its assertion that the position required a degree in a specific specialty.
Criteria Discussed
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