sustained
H-1B
sustained H-1B Case: Business Management
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
Decision Summary
The appeal was sustained because the AAO determined the proffered business manager position qualified as a specialty occupation. While the petitioner did not establish that a degree was a normal industry or company requirement, it successfully demonstrated that the specific duties were so specialized and complex as to require knowledge associated with a bachelor's degree, based on a persuasive expert opinion from a business professor.
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft with AAO-aware legal structure
MeritDraft helps you turn research into a criteria-based petition draft with organized evidence, legal framing, and attorney-ready structure.
Start a Criteria-Based Draft →No credit card required. Generate your first petition draft in minutes.