dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the Director denied the petition for failing to establish that the proffered 'business analyst' position qualifies as a specialty occupation. The AAO upheld this decision, finding that the petitioner did not prove that the position's duties require the application of highly specialized knowledge or that a bachelor's degree in a specific specialty is a minimum prerequisite for entry.
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 Are 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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