Dismissed
H-1B
H-1B Dismissed — Retail (2006): did not establish the proffered position of 'management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'management analyst' qualifies as a specialty occupation. The AAO determined the duties more closely resembled a mix of marketing, sales, and general management roles, which, according to the Occupational Outlook Handbook, do not normally require a bachelor's degree in a specific specialty. Evidence submitted by the petitioner, including letters from other businesses and job postings, was found insufficient to prove an industry-wide degree requirement or the unique complexity of the position.
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
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