dismissed
H-1B
dismissed H-1B Case: Marketing / Wholesale Trade
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of marketing management analyst qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree in a specific specialty is not the normal minimum requirement for such a role, as a wide range of educational backgrounds are suitable and experience is often valued over a specific degree.
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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