Dismissed
H-1B
H-1B Dismissed — Oriental Carpeting (2005): did not establish the proffered position of product
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of product development manager qualifies as a specialty occupation. The AAO determined that the petitioner did not prove that the position's duties require the theoretical and practical application of a body of highly specialized knowledge gained through at least a bachelor's degree in a specific specialty. The petitioner's argument regarding the beneficiary's prior H-1B approval for a similar job was rejected, as prior approvals, potentially made in error, are not binding on subsequent adjudications.
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 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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