Dismissed H-1B

H-1B Dismissed — Information Technology (2020): did not establish the proffered 'associate sales

📅 2020-04-23 👤 Company 📂 Information Technology

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'associate sales consultant' position qualifies as a specialty occupation. The AAO found that the petitioner did not meet the criterion that a bachelor's degree in a specific specialty is normally the minimum requirement for the position. The analysis relied on the Department of Labor's Occupational Outlook Handbook, which indicates that sales engineer positions can be filled by individuals without a degree but with relevant experience, or by individuals with degrees in various, disparate fields.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
📄 Original decision (USCIS PDF)

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