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 marketing manager is a specialty occupation. The AAO determined that a degree in a specific specialty is not a normal minimum requirement for the occupation, citing the Occupational Outlook Handbook. The petitioner also failed to prove that a degree requirement is common to the industry or that the company itself normally requires a degree for the position.
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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