H-1B Dismissed — Education (2006): did not establish the proffered position of a preschool

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of a preschool teacher qualifies as a specialty occupation. Citing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree in a specific specialty is not the normal minimum entry requirement for the role. The petitioner also failed to demonstrate that the degree requirement is common to the industry, that the petitioner normally requires a degree for the position, or that the duties are uniquely specialized and complex.

Criteria Discussed

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