H-1B Dismissed — Applied Behavior Analysis (2015): the beneficiary was not qualified for the proffered position

Decision Summary

The appeal was dismissed because the beneficiary was not qualified for the proffered position. During the appeal, a new New York state law took effect requiring a license to practice applied behavior analysis. The petitioner ultimately conceded that the beneficiary had failed the licensure examination and did not possess the required license to practice in the occupation.

Criteria Discussed

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