dismissed H-1B

dismissed H-1B Case: Wholesale Trade

📅 Date unknown 👤 Company 📂 Wholesale Trade

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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 job title is for a professional occupation, the petitioner's description of the duties lacked the specificity and detail to demonstrate that the position actually required a bachelor's degree in a specific field. The AAO found that the petitioner did not prove the role necessitated the theoretical and practical application of a body of highly specialized knowledge.

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: Wholesale Trade

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Decision Summary

Criteria Discussed

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