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 agreed with the director's finding that the duties were more aligned with a general manager, a role that does not normally require a bachelor's degree in a specific specialty for entry. The petitioner did not satisfy any of the four regulatory criteria to define the position as a specialty occupation.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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