dismissed
H-1B
dismissed H-1B Case: Marketing
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Decision Summary
The appeal was dismissed because the petitioner, a holding company, failed to establish that the proposed position of marketing/business analyst qualifies as a specialty occupation. The AAO found that the duties of the position did not necessitate a bachelor's degree in a specific field of study and that the petitioner did not meet any of the four regulatory criteria for a specialty occupation.
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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