Dismissed
H-1B
H-1B Dismissed — Vending Machine Services (2007): did not establish the proffered position of an electrical
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of an electrical engineer to service and repair vending machines qualifies as a specialty occupation. The AAO determined that the described duties, including supervising technicians and retrofitting equipment, did not require a bachelor's degree in a specific specialty. The petitioner's desire to hire a degree-holder to adapt to new technology was found 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 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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