dismissed
H-1B
dismissed H-1B Case: Restaurant
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Decision Summary
The appeal was dismissed because the petitioner, a small Subway restaurant, failed to establish that the proffered financial analyst role qualified as a specialty occupation. The petitioner provided only a vague and generic job description and failed to respond to a Request for Evidence with specific duties that would justify the need for an individual with a bachelor's degree in a specific specialty for its small-scale operations.
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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