dismissed
H-1B
dismissed H-1B Case: Sales Engineering
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'sales engineer' position qualifies as a specialty occupation. The AAO determined the job duties were not described with sufficient detail and did not prove they required a bachelor's degree in a specific specialty, citing the Department of Labor's Occupational Outlook Handbook which indicates a variety of educational backgrounds, or even just experience, can be sufficient for sales engineer roles.
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... An Employer May Show That Its Particular 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 Are 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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