dismissed
H-1B
dismissed H-1B Case: Childcare
Decision Summary
The appeal was dismissed because the petitioner, a childcare facility, failed to establish that the position of a preschool teacher qualifies as a specialty occupation. The AAO determined that a bachelor's degree is not the normal minimum industry requirement for this role, referencing the Occupational Outlook Handbook. The petitioner's attempt to add new duties on appeal was disregarded as an impermissible material change to the originally filed petition.
Criteria Discussed
Degree Is Normal Minimum Requirement Degree Is Common To Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Duties Are Specialized And Complex
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