dismissed H-1B Case: Oriental Carpeting
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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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