Dismissed
H-1B
H-1B Dismissed — Education (2006): did not establish the proffered kindergarten teacher
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered kindergarten teacher position qualified as a specialty occupation. The director and the AAO determined that the proposed duties were more aligned with those of a preschool teacher, an occupation that the Department of Labor's Occupational Outlook Handbook indicates does not normally require a specific bachelor's degree. The evidence provided was insufficient to prove the position was uniquely complex or that a degree was a standard requirement within the industry for similar roles.
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.
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →