dismissed
H-1B
dismissed H-1B Case: Aviation
Decision Summary
The appeal was dismissed because the petitioner, a helicopter training academy, failed to establish that the proffered position of chief flight instructor qualifies as a specialty occupation. The AAO concluded that the petitioner did not prove that a bachelor's degree in a specific specialty is the normal minimum requirement for the position, is common to the industry, or is necessitated by the complexity of the job duties.
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, In The Alternative, An Employer May Show That Its Particular 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 Is 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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