Dismissed
H-1B
H-1B Dismissed — Trade Show Organization: did not establish the proffered position of Market Research
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of Market Research Analyst qualified as a specialty occupation. While the AAO withdrew the director's finding that the petitioner was not a viable business at the time of filing, it ultimately upheld the revocation because the petitioner did not demonstrate that the duties of the position required the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor's degree in a specific specialty.
Criteria Discussed
Definition Of Specialty Occupation Under Ina Section 214(I)(L) 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 The 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.
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →