dismissed
H-1B
dismissed H-1B Case: Marketing
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'Marketing and Promotion Manager' position qualifies as a specialty occupation. The Director and the AAO found the evidence insufficient to prove that the duties of the position were so complex or specialized that they would require a bachelor's degree in a specific field. The decision also noted inconsistencies in the record regarding the job duties, which further weakened the petitioner's claim.
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, In The Alternative, An Employer May Show That Its Particular 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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