This appeal was not successful at this stage
The AAO dismissed the appeal, adopting and affirming SCOPS' denial. The petitioner failed to demonstrate that the offered position qualifies as a specialty occupation because the stated degree requirement — a bachelor's in business administration or a related field — is a general degree without sufficient specialization.
A consumer goods and retail company sought to employ a beneficiary in an H-1B specialty occupation role, but SCOPS denied the petition because the stated degree requirement — a bachelor's in business administration or a related field — was too general. On appeal, the petitioner argued the position requires a body of highly specialized analytical knowledge, but failed to explain how a general business degree conveys such knowledge or define what constitutes a 'related field.' The AAO adopted and affirmed SCOPS' denial, citing the recently updated H-1B regulations confirming that a position is not a specialty occupation if a general degree without further specialization is sufficient to qualify. The AAO also declined to consider new evidence submitted for the first time on appeal, and flagged a potential SOC code mismatch on the Labor Condition Application as a concern for future filings.
What failed: 1. The degree requirement of 'bachelor's in business administration or a related field' was too broad and general, lacking any specified concentration or specialization. 2. The petitioner failed to explain how a general business administration degree conveys the highly specialized analytical knowledge allegedly required by the position. 3. New evidence submitted only on appeal was rejected because the petitioner had prior notice via regulation and RFE to provide such evidence before the denial.
Takeaway: H-1B petitions requiring a business degree must specify a particular concentration, major, or specialization directly tied to the job duties — a general business administration degree will not suffice. Employers should also ensure their LCA SOC code accurately reflects the described job duties from the outset, and submit all supporting evidence before the denial rather than waiting until appeal.
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The degree requirement of 'bachelor's in business administration or a related field' was too broad and general, lacking any specified concentration or specialization
- The petitioner failed to explain how a general business administration degree conveys the highly specialized analytical knowledge allegedly required by the position
- New evidence submitted only on appeal was rejected because the petitioner had prior notice via regulation and RFE to provide such evidence before the denial.
Completed
I-129 filed
Business or analytics role within a consumer goods and retail company
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-04-24
AAO decision — Dismissed
The AAO dismissed the appeal, adopting and affirming SCOPS' denial. The petitioner failed to demonstrate that the offered position qualifies as a specialty occupation because the stated degree requirement — a bachelor's in business administration or a related field — is a general degree without sufficient specialization.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.