dismissed H-1B Case: Legal Research
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Decision Summary
The appeal was dismissed because the petitioner did not establish that the proffered position of 'director of overseas operations' qualifies as a specialty occupation. The primary reason for the denial was the petitioner's failure to consistently identify the minimum educational requirements for the position, having changed the requirement from a general bachelor's degree, to a business degree, and finally to a library science degree plus law school training. These inconsistencies, without objective evidence to resolve them, undermined the claim that a specific degree is a minimum prerequisite for the job.
Criteria Discussed
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