Dismissed
H-1B
H-1B Dismissed โ Education (2020): did not establish the proffered position qualifies as a
Decision Summary
The appeal was dismissed because the petitioner, a preschool, failed to demonstrate that the proffered position qualifies as a specialty occupation. The AAO affirmed the Director's decision, concluding that the position does not meet the statutory requirement of needing a bachelor's or higher degree in a specific specialty, as U.S. Department of Labor resources indicate an associate's degree is typically sufficient for entry.
Criteria Discussed
Specialty Occupation 8 C.F.R. ยง 214.2(H)(4)(Iii)(A)
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