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APR242026_01D2101Decided 2026-04-24I-129

The AAO dismissed a consumer goods company's H-1B appeal after finding that requiring a general bachelor's degree in…

Dismissed Useful for: avoid these mistakes
H-1BField: consumer goods and retail space
The outcome

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.

In plain English

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 worked & what failed

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.

For RFE responses & petition building

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.
Find more H-1B cases with similar evidence patterns →
Where the evidence fell short

Petitioner's claim that the position requires a body of highly specialized knowledge attained through a business administration or related degree, without specifying any concentration or specialization

New evidence submitted for the first time on appeal, which was not considered because the petitioner had been put on notice via regulation and RFE and had a reasonable opportunity to provide it earlier

Petitioner's revised job duties submitted in response to the RFE, which appeared to better align with the selected SOC code but represented significant clarification

How the case moved

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.

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Authorities the office relied on
8 C.F.R. § 103.38 C.F.R. § 103.5(a)(1)(iv)8 C.F.R. § 214.2(h)(4)(ii)8 C.F.R. § 214.2(h)(4)(i)(B)(1)(ii)20 C.F.R. § 655.705(b)89 Fed. Reg. 103054 (Dec. 18, 2024) — Modernizing H-1B Requirements Final Rule
ChawatheThe petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence.
Christo's Inc.The AAO reviews questions de novo.
J-A-Authority for the AAO to adopt and affirm the decision below.
BurbanoAuthority for adopting and affirming the lower decision.
GidayThe practice of adopting and affirming the decision below is common and universally accepted.
Ming DaiAn administrative appellate body's act of adopting and affirming the below decision is legitimate and incorporates the lower decision's analysis.
Royal Siam Corp.A general-purpose bachelor's degree may be a legitimate prerequisite for a position, but requiring such a degree without more will not justify granting an H-1B specialty occupation petition.
Vision BuildersA general bachelor's degree in business administration strongly suggests the position does not require a bachelor's degree in a specific specialty.
Michael Hertz Assocs.Referenced in the context of whether a general degree meets specialty occupation requirements.
Tapis Int'lA bachelor's degree in business with a concentration in a specific field, or combined with relevant education, training, and/or experience, might qualify a position as a specialty occupation.
FurtadoNew evidence will not be considered for the first time on appeal when the filing party was put on notice and given a reasonable opportunity to provide it before denial.
SorianoNew evidence should not be considered on appeal when the party had prior notice and opportunity to submit it.