dismissed
H-1B
dismissed H-1B Case: Marketing
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Decision Summary
The appeal was dismissed because the petitioner, an importer and retailer of Oriental rugs, failed to establish that the proffered position of 'marketing representative' qualifies as a specialty occupation. The AAO concluded that the petitioner did not prove that a bachelor's degree in a specific specialty is the normal requirement for this type of position, common to the industry, or necessitated by the complexity of the duties involved.
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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