dismissed
H-1B
dismissed H-1B Case: Systems Analysis
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would be performing the duties of a specialty occupation. Although the AAO disagreed with the director's initial negative findings on the employer-employee relationship and LCA compliance, it ultimately upheld the denial on the grounds that the proffered position did not meet the regulatory requirements to be classified as a specialty occupation.
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. Existence Of An Employer-Employee Relationship.
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