dismissed
H-1B
dismissed H-1B Case: Quality Control Engineering
Decision Summary
The appeal was dismissed because the petitioner, a retail gasoline business, failed to establish that the proffered position of Quality Control Engineer qualifies as a specialty occupation. The AAO determined that the duties described were not sufficiently specialized or complex to require a bachelor's degree, and the petitioner did not prove that such a degree is a normal requirement for the position in the industry.
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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