dismissed
H-1B
dismissed H-1B Case: Market Research
Decision Summary
The appeal was dismissed because the petitioner, a supermarket, failed to establish that the proffered position of market research assistant is a specialty occupation. The AAO found that the petitioner did not satisfy any of the four regulatory criteria, concluding that the duties were not so specialized or complex as to require a bachelor's degree in a specific field and that no evidence was provided to show such a degree is a normal industry 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 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 The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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