dismissed
H-1B
dismissed H-1B Case: Tax Technology
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'senior analyst - tax technology' qualifies as a specialty occupation. The petitioner did not demonstrate that the position requires a degree in a specific specialty directly related to the job duties. The AAO found that merely requiring a general bachelor's degree, without further specification of the field of study, is insufficient to meet the regulatory standard for 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 The Employer'S 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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