dismissed H-1B Case: 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 found, and the AAO agreed, that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, is common in the industry, or has been a consistent requirement for the petitioner. The duties were not deemed so specialized or complex as to require knowledge associated with a baccalaureate degree.
Criteria Discussed
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