dismissed
H-1B
dismissed H-1B Case: Logistics
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'logistical engineer' qualified as a specialty occupation. The AAO determined that the petitioner did not meet any of the four regulatory criteria, concluding the duties were not specialized or complex enough to require a bachelor's degree and more closely resembled a general manager position.
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, Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree. 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 Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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