Sustained
H-1B
H-1B Sustained — Marketing: the director denied the petition, concluding the proffered
Decision Summary
The director denied the petition, concluding the proffered position was a sales representative and not a specialty occupation. The petitioner successfully appealed by arguing the position was that of a marketing analyst. The AAO agreed, finding that the duties described correspond to a market research analyst, a position which the Occupational Outlook Handbook confirms requires at least a bachelor's degree, thereby meeting the specialty occupation criteria.
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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