dismissed
H-1B
dismissed H-1B Case: Childcare
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Decision Summary
The appeal was dismissed because the petitioner, a childcare center, failed to establish that the position of 'senior team teacher' qualifies as a specialty occupation. The AAO determined that the petitioner did not prove the position meets any of the four required criteria, such as having a bachelor's degree as a normal minimum requirement or possessing duties so specialized and complex as to necessitate a degree.
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 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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