Dismissed
H-1B
H-1B Dismissed — Marketing (2006): did not establish the proposed marketing manager position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed marketing manager position qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree in a specific specialty is not the normal minimum requirement for this role, as experience is often prioritized and a wide range of degrees are acceptable. The petitioner's willingness to accept a general business administration degree further undermined the claim that the position required a body of highly specialized knowledge.
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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