Dismissed
H-1B
H-1B Dismissed — Dance (2006): did not establish the position of dance
Decision Summary
The appeal was dismissed because the petitioner, a dance studio, failed to establish that the position of dance instructor/specialist qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO determined that a bachelor's degree in a specific field is not the normal minimum requirement for entry into the occupation. The petitioner also did not provide evidence to show that a degree is common to the industry for similar positions or that the petitioner normally requires a degree for the role.
Criteria Discussed
8 C.F.R. 214.2(H)(4)(Iii)(A)(1) - Normal Minimum Requirement Is A Bachelor'S Degree 8 C.F.R. 214.2(H)(4)(Iii)(A)(2) - Degree Requirement Is Common To The Industry 8 C.F.R. 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree For The Position 8 C.F.R. 214.2(H)(4)(Iii)(A)(4) - Duties Are So Specialized And Complex
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