dismissed
H-1B
dismissed H-1B Case: Marketing
Decision Summary
The appeal was dismissed because the petitioner, a bakery, failed to demonstrate that the proffered position of Account Manager qualified as a specialty occupation. The AAO found that a bachelor's degree in a specific specialty is not the normal minimum requirement for a marketing manager role, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner failed to establish any of the four regulatory criteria for a specialty occupation.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal Minimum Requirement For 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 Are So Specialized And Complex That The Knowledge Required To Perform Them Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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