Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): did not establish the proffered position of 'business
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered position of 'business analysis consultant' qualifies as a specialty occupation. The AAO found that the petitioner provided inconsistent and insufficient information regarding the position's duties and the contractual chain for the beneficiary's offsite employment, which prevented an understanding of the position's substantive nature.
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 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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