dismissed H-1B

dismissed H-1B Case: Education

📅 Date unknown 👤 Organization 📂 Education

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of a preschool teacher qualifies as a specialty occupation. The AAO, referencing the Department of Labor's Occupational Outlook Handbook, concluded that a bachelor's degree is not the normal minimum requirement for private preschool teachers. The petitioner's evidence, including job ads, was insufficient to prove that a degree is a common industry requirement or that the specific duties of the position were uniquely complex.

Criteria Discussed

Normal Degree Requirement For The Position Degree Requirement Common To The Industry For Similar Positions Employer'S Normal Degree Requirement For The Position Duties Are So Specialized And Complex As To Require A Degree

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