Dismissed
H-1B
H-1B Dismissed — Retail Management (2005): did not establish the proffered position of 'manager of
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'manager of operations' for a water massage kiosk business qualified as a specialty occupation. The AAO determined that the described duties were more aligned with a sales manager role, which does not normally require a bachelor's degree in a specific specialty. The petitioner did not establish that the position was sufficiently complex or unique to necessitate a degree-holder, failing to meet any of the regulatory criteria.
Criteria Discussed
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Or Position Is Complex/Unique Employer'S Normal Requirement For The Position Duties Are So Specialized And Complex That They Require A Degree
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