Dismissed
H-1B
H-1B Dismissed — Manufacturing (2006): did not establish the proffered position of 'OEM account
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'OEM account professional' qualifies as a specialty occupation under any of the regulatory criteria. The AAO found that the petitioner did not demonstrate that a bachelor's degree in a specific specialty is the normal requirement for the position, is common in the industry, or that the duties are sufficiently specialized or complex to necessitate such a degree.
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 Is 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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