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 'assistant teacher' qualifies as a specialty occupation. The AAO, referencing the Occupational Outlook Handbook, found that a bachelor's degree is not the normal minimum requirement for such a role. The petitioner did not prove that the specific duties were sufficiently complex or that a degree was a common industry standard for the position.
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 Or The Position Is So Complex Or Unique That It Can Only Be Performed 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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