Sustained
H-1B
H-1B Sustained — Market Analysis: the director denied the petition, concluding the proffered
Decision Summary
The director denied the petition, concluding the proffered position of market analyst did not qualify as a specialty occupation. The AAO sustained the appeal, approving the petition. Although the AAO agreed with the director's assessment that the position was more akin to a marketing manager, the final decision to sustain the appeal indicates that the AAO ultimately concluded the position met the requirements of 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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