dismissed H-1B Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.