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 'accounting executive' qualified as a specialty occupation. The AAO determined that the described duties, primarily related to marketing and advertising, did not necessitate a bachelor's degree in a specific specialty. The evidence submitted was insufficient to prove that a degree is a normal industry requirement or that the position's duties were sufficiently complex.
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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