dismissed
H-1B
dismissed H-1B Case: Recruiting
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered 'executive recruiter' position qualifies as a specialty occupation. The petitioner did not establish that the position requires a bachelor's degree in a specific specialty, and its willingness to accept a general degree was considered an admission that the role is not a specialty occupation.
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, In The Alternative, An Employer May Show That Its Particular 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 Are 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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