dismissed H-1B Case: Marketing
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing manager' position qualified as a specialty occupation. The decision was based on numerous inconsistencies in the record regarding the position's minimum educational requirements, which were variously described as requiring a master's degree, a bachelor's degree, or only preferring a bachelor's degree. These contradictions, along with discrepancies in the company's size and the position's wage level, prevented the AAO from determining the true nature of the job and whether it required a degree in a specific specialty.
Criteria Discussed
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