dismissed
H-1B
dismissed H-1B Case: Marketing
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered Marketing Analyst position qualifies as a specialty occupation. The petitioner was inconsistent about the minimum educational requirements and stated that a general-purpose degree like business administration would suffice, which does not establish the need for a degree in a specific specialty directly related to the position's duties.
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 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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