Sustained
H-1B
H-1B Sustained — Market Research (2006): the director denied the petition, finding the proffered
Decision Summary
The director denied the petition, finding the proffered market research analyst position was not a specialty occupation. The AAO sustained the appeal, reasoning that while not all market research analyst positions qualify, the specific duties described for this position were of such complexity as to require a bachelor's degree in a specialized field, thereby meeting the definition 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, 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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