This appeal was not successful at this stage
The AAO dismissed the appeal because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The position's degree requirement — a bachelor's degree in business administration or a related field, including unspecified fields — was found to be too broad and non-specific to meet the H-1B specialty occupation standard.
A company sought H-1B status for a beneficiary as a pathways operations manager, claiming the role requires a bachelor's degree in business administration or a related field. SCOPS denied the petition, finding the degree requirement was too broad and not tied to a specific specialty. On appeal, the AAO agreed, finding that the petitioner's own job postings accepted degrees in unrelated fields and even unspecified degrees, contradicting the claimed requirement. The AAO also found the expert opinion letter unpersuasive because it described general business skills rather than highly specialized knowledge, and the supervisor's support letter was internally inconsistent. Because a general business administration degree does not qualify as a 'specific specialty' without further specialization, the position did not meet any of the four regulatory criteria for specialty occupation.
What failed: 1. The job postings provided by the petitioner actually undermined its case by showing acceptance of unspecified or broadly varied degree fields, contradicting the claim of a specific degree requirement. 2. The expert opinion letter failed because it described general business and management skills rather than demonstrating that the degree leads to highly specialized knowledge. 3. The supervisor's support letter was internally inconsistent — it simultaneously required a business administration degree but excluded a general 'business' degree, without explaining the distinction, which damaged its credibility.
Takeaway: When petitioning for an H-1B in a business-related role, petitioners must demonstrate that the degree requirement is for a narrowly defined specific specialty directly tied to the duties, not just a general business administration degree. Supporting evidence — including job postings, expert letters, and supervisor letters — must be internally consistent and must affirmatively explain how the required coursework produces highly specialized (not merely general) knowledge.
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 job postings provided by the petitioner actually undermined its case by showing acceptance of unspecified or broadly varied degree fields, contradicting the claim of a specific degree requirement
- The expert opinion letter failed because it described general business and management skills rather than demonstrating that the degree leads to highly specialized knowledge
- The supervisor's support letter was internally inconsistent — it simultaneously required a business administration degree but excluded a general 'business' degree, without explaining the distinction, which damaged its credibility.
Completed
I-129 filed
Pathways operations manager in transportation, storage, and distribution
Completed
SCOPS — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2026-05-07
AAO decision — Dismissed
The AAO dismissed the appeal because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The position's degree requirement — a bachelor's degree in business administration or a related field, including unspecified fields — was found to be too broad and non-specific to meet the H-1B specialty occupation standard.
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.