dismissed
H-1B
dismissed H-1B Case: Child Care
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Decision Summary
The appeal was dismissed because the petitioner, a child care facility, failed to demonstrate that the proffered position of 'Health Consultant, Child Development and Safety' qualifies as a specialty occupation. The AAO affirmed the director's finding that the petitioner did not establish that the position's duties require a minimum of a bachelor's degree in a specific specialty.
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 Are 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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