Dismissed
H-1B
H-1B Dismissed — Marketing (2005): evidence indicated the beneficiary was not qualified for
Decision Summary
The appeal was dismissed because evidence indicated the beneficiary was not qualified for the proposed role and that the position itself did not qualify as a specialty occupation. A consular officer's interview revealed that the beneficiary lacked relevant experience and English proficiency, and the petitioner's president described the actual duties as those of an office manager (e.g., making hotel reservations), not a marketing and export manager.
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 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 Beneficiary'S Qualifications To Perform The Duties Of A Specialty Occupation
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