Dismissed
H-1B
H-1B Dismissed — Market Research (2020): did not establish the proffered position of "market
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proffered position of "market research analyst" qualifies as a specialty occupation. The AAO found that the job description was generic, with 70% of the duties copied directly from the Department of Labor's O*NET database, which did not sufficiently detail the actual complex work to be performed. Furthermore, the listed duties included tasks atypical for the occupation, such as sales and public relations, creating an inconsistency with the wage level designated on the Labor Condition Application (LCA).
Criteria Discussed
Normal Degree Requirement For The Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties Veracity Of Job Description (Copied From O*Net) Lca Wage Level Designation
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