dismissed
H-1B
dismissed H-1B Case: Management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualified as a specialty occupation. The AAO found the duties described were more aligned with a general/operations manager, which does not consistently require a bachelor's degree in a specific specialty according to the Occupational Outlook Handbook. The petitioner failed to meet any of the regulatory criteria to prove the position was a specialty occupation.
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 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 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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