Dismissed
H-1B
H-1B Dismissed — Marketing Research (2016): did not establish the proffered 'marketing research
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered 'marketing research analyst' position qualifies as a specialty occupation. The Director and the AAO concluded that the evidence did not establish that the position's duties are so complex or specialized as to require a bachelor's degree in a specific specialty. The analysis referenced the Department of Labor's Occupational Outlook Handbook, which indicates that a degree in various fields, not just one specific specialty, is typical for market research analysts, thus failing to meet the regulatory standard.
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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →