Dismissed
H-1B
H-1B Dismissed — Real Estate (2004): the AAO determined the proffered position did not qualify
Decision Summary
The appeal was dismissed because the AAO determined the proffered position did not qualify as a specialty occupation. The AAO found that the beneficiary's job duties did not align with those of an industrial engineer and the petitioner failed to provide requested financial documents, which cast doubt on the reliability of the evidence and failed to resolve inconsistencies in the record.
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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