dismissed H-1B

dismissed H-1B Case: Landscaping

📅 Date unknown 👤 Company 📂 Landscaping

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Decision Summary

The appeal was dismissed because the petitioner, a landscaping company, failed to establish that the proffered position of 'training and development specialist' qualifies as a specialty occupation. The director determined, and the AAO agreed, that the evidence did not show that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, is common to the industry, or is normally required by the petitioner. The duties were not found to be sufficiently specialized or complex to necessitate a degree.

Criteria Discussed

Normal Minimum Requirement For The Position Is A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of Duties Is So Specialized And Complex That They Require Knowledge Associated With A Degree

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