dismissed
H-1B
dismissed H-1B Case: Laboratory Science
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'high complexity testing personnel' qualifies as a specialty occupation. The AAO concurred with the director's finding that the position's duties resembled those of a laboratory technician, which typically does not require a bachelor's degree, and the petitioner failed to provide sufficient evidence that its particular position was so complex or unique as to necessitate a degree.
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 Is 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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