H-1B Dismissed — Market Research (2016): did not establish the proffered position qualifies as a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO noted a significant discrepancy between the job classification on the Labor Condition Application (LCA), which was for a lower-paying 'Sales Representative,' and the position argued in the appeal, a 'Market Research Analyst.' This inconsistency, along with conflicting statements about degree requirements, undermined the claim that the position's duties were complex enough to require a specific bachelor's degree.

Criteria Discussed

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