dismissed
H-1B
dismissed H-1B Case: Real Estate
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of real estate manager qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree in a specific field is not the normal minimum requirement for entry into the occupation. The petitioner also failed to prove the position was complex enough to require a degree or that such a requirement was common 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 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 Beneficiary'S Qualifications To Perform Services In A Specialty Occupation
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