Dismissed
H-1B
H-1B Dismissed — Information Technology (2006): did not establish the proposed Sales Manager position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed Sales Manager position qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation, as a wide range of educational backgrounds are suitable and many managers are promoted from within based on experience. The petitioner's willingness to accept a general business administration degree further weakened its claim that the position required highly specialized knowledge.
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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