sustained H-1B

sustained H-1B Case: Pharmaceuticals

📅 Date unknown 👤 Company 📂 Pharmaceuticals

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Decision Summary

The director denied the petition, claiming the proffered position of 'product sourcing manager' did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the position's duties, particularly those of a contract administrator for a large pharmaceutical company, are highly complex. Citing the Department of Labor's Occupational Outlook Handbook, the AAO concluded that such a position normally requires a bachelor's degree in a specific specialty, thus meeting the regulatory criteria for 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 Are 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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