dismissed
H-1B
dismissed H-1B Case: Retail Management
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of operations manager qualifies as a specialty occupation. The AAO determined that the described duties aligned with those of a general or operations manager, an occupation that does not normally require a bachelor's degree in a specific specialty as a minimum entry requirement. Therefore, the position did not meet the regulatory criteria for an H-1B visa.
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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