dismissed H-1B

dismissed H-1B Case: Telecommunications

📅 Date unknown 👤 Company 📂 Telecommunications

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered 'business analyst' position qualified as a specialty occupation. The director determined that the duties were a mix of marketing manager and market research analyst and the petitioner did not prove that a bachelor's degree in a specific specialty was a minimum requirement for this particular position. The petitioner failed to demonstrate that the position was complex enough to require a degree, or that it normally hired individuals with degrees for the role.

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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dismissed H-1B Case: Telecommunications

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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