dismissed H-1B

dismissed H-1B Case: Marketing

📅 Date unknown 👤 Company 📂 Marketing

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing associate' position qualifies as a specialty occupation. The AAO found that the petitioner's acceptance of a degree in a general 'business-related' field, rather than a specific specialty, was insufficient. Additionally, an analysis of the Department of Labor's Occupational Outlook Handbook revealed that various disparate fields of study are acceptable for the occupation, undermining the claim that a degree in a specific specialty is the normal minimum entry 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 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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dismissed H-1B Case: Marketing

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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