Remanded
H-1B
H-1B Remanded — Marketing (2004): the director's decision was withdrawn because the AAO
Decision Summary
The director's decision was withdrawn because the AAO disagreed with the director's finding that the proffered position was an operations research analyst, instead concurring with the petitioner that it was a market research analyst. While the petitioner did not meet the first three criteria for a specialty occupation, the AAO found the duties were sufficiently specialized and complex to meet the fourth criterion. The matter was remanded for a new decision consistent with the finding that the position qualifies as 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 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 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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