dismissed
H-1B
dismissed H-1B Case: It Consulting
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'validation analyst' qualifies as a specialty occupation. The AAO upheld the Director's conclusion that the position did not meet the legal requirements, and also affirmed the finding that the beneficiary was not qualified to perform the duties of such a role.
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 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 Beneficiary'S Qualifications For The Specialty Occupation
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