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 petitioner's reliance on the beneficiary's prior H-1B approvals with a different company was rejected, as each petition is a separate proceeding and prior erroneous approvals are not binding. The evidence of record did not demonstrate that the position's duties are so complex as to require a bachelor's degree in a specific specialty.

Criteria Discussed

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