sustained H-1B

sustained H-1B Case: Business Management

📅 Date unknown 👤 Company 📂 Business Management

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Decision Summary

The director initially denied the petition, viewing the Chief Executive Officer position as a general top executive role for which a degree is not a normal minimum requirement. The appeal was sustained because the AAO found that the petitioner successfully demonstrated that the position's duties had a primary and defining aspect of financial management, establishing it as a specialty occupation requiring a bachelor's degree in a specific field.

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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