dismissed
H-1B
dismissed H-1B Case: Media Distribution
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered sales manager position qualifies as a specialty occupation. The AAO determined, with reference to the Occupational Outlook Handbook, that a bachelor's degree in a specific specialty is not a minimum requirement for such positions. The petitioner also failed to prove that a specific degree requirement is common in the industry or that the duties of the position were uniquely 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 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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