dismissed
H-1B
dismissed H-1B Case: Education
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'Mandarin Chinese instructor/curriculum developer' qualifies as a specialty occupation. The petitioner did not provide sufficient evidence regarding its business operations, the number of students, or the specific daily duties to demonstrate a need for an employee with a bachelor's degree in a specific specialty.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) - Normal Degree Requirement For The Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) - Industry Common Degree Requirement Or Unique/Complex Position 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) - Employer Normally Requires A Degree 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4) - Specialized And Complex Duties
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