dismissed H-1B

dismissed H-1B Case: Education

📅 Date unknown 👤 Organization 📂 Education

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of an assistant teacher qualifies as a specialty occupation. The AAO found that a bachelor's degree in a specific specialty is not the normal minimum requirement for entry into the occupation, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner did not prove that the specific duties were complex enough to require a degree or that such a requirement was common in the industry for similar positions.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The 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 Are So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.

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dismissed H-1B Case: Education

Decision Summary

Criteria Discussed

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