dismissed
H-1B
dismissed H-1B Case: Education
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of a preschool teacher qualifies as a specialty occupation. The AAO found that a bachelor's degree is not the normal minimum requirement for this role industry-wide, referencing the Occupational Outlook Handbook. An attempt by the petitioner to add new duties (back-up program director) on appeal was deemed an impermissible material change to the original petition.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry To 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 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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