dismissed
H-1B
dismissed H-1B Case: Petroleum Distribution
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'manager of operations' qualifies as a specialty occupation. The director found the job duties too vague to prove that a bachelor's degree in a specific field was a minimum requirement. The AAO agreed, determining that the evidence did not demonstrate the position was complex enough to necessitate a specific degree, especially considering the nature and scale of the petitioner's business.
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 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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