Dismissed
H-1B
H-1B Dismissed — Education: did not establish the position of preschool teacher
Decision Summary
The appeal was dismissed because the petitioner, a Montessori school, failed to establish that the position of preschool teacher qualifies as a specialty occupation. The AAO concluded, citing the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for private preschool teachers. The evidence submitted by the petitioner was also insufficient to meet any of the other regulatory criteria, such as showing the requirement was common to the industry or that the specific duties were uniquely complex.
Criteria Discussed
8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)
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