dismissed
H-1B
dismissed H-1B Case: Landscape/Horticulture
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'horticulturist' qualifies as a specialty occupation. The AAO concurred with the director's finding that the evidence did not prove that the position's duties require the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a bachelor's degree in a specific specialty.
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
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