Dismissed
H-1B
H-1B Dismissed — Marketing: did not establish the proffered position of 'copy and
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'copy and newsletter writer' qualifies as a specialty occupation. The AAO consulted the Occupational Outlook Handbook and determined that the duties were a combination of a marketing manager and a copywriter, neither of which requires a bachelor's degree in a specific specialty as a minimum entry requirement. Thus, the petitioner failed to 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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are 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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