dismissed
H-1B
dismissed H-1B Case: Marketing
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of international marketing analyst qualifies as a specialty occupation. The petitioner did not meet any of the four regulatory criteria, failing to prove that a bachelor's degree in a specific specialty is the minimum requirement for the position, is common to the industry, or is necessitated by the complexity of the 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 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
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