dismissed H-1B Case: Education
Decision Summary
The appeal was dismissed because the petitioner, a private preschool, failed to demonstrate that the proffered position of a teacher qualifies as a specialty occupation. The AAO found that a bachelor's degree is not the normal minimum requirement for a preschool teacher according to the Occupational Outlook Handbook. The petitioner also failed to provide evidence that the degree requirement is common in the industry, that the petitioner normally requires a degree for the role, or that the position's duties are uniquely complex.
Criteria Discussed
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