dismissed H-1B

dismissed H-1B Case: Marketing

📅 Date unknown 👤 Company 📂 Marketing

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'marketing administrator' position qualifies as a specialty occupation. The AAO found, by consulting the Occupational Outlook Handbook, that a bachelor's degree in a specific specialty is not the minimum requirement for the position, as a wide range of degrees are suitable. The petitioner's evidence, including submitted job advertisements, also failed to demonstrate that a specific degree is a common requirement within the industry for similar roles.

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 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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