Remanded
H-1B
H-1B Remanded — Real Estate (2006): the director's decision was withdrawn and the case was
Decision Summary
The director's decision was withdrawn and the case was remanded. The AAO found that the director erred in denying the petition based on the petitioner's small size, stating that even a small real estate firm could require market research. However, the AAO also found that the record did not establish that the proffered position's duties, which focused on informing business decisions, aligned with the standard duties of a market research analyst, which are concerned with marketing services and potential sales.
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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