dismissed
H-1B
dismissed H-1B Case: Service Engineering
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'service engineer' qualifies as a specialty occupation. The Director initially denied the petition for this reason, and the AAO affirmed this conclusion upon review. The petitioner did not successfully demonstrate that the position's duties require a bachelor's degree in a specific specialty as a minimum prerequisite.
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, In The Alternative, 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 [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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