dismissed
H-1B
dismissed H-1B Case: Market Research
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of market research analyst qualifies as a specialty occupation. The AAO concluded that the actual duties were more aligned with those of a marketing manager, an occupation for which the Department of Labor's Occupational Outlook Handbook indicates that a specific bachelor's degree is not a standard requirement.
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 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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