dismissed H-1B

dismissed H-1B Case: Education

📅 Date unknown 👤 Organization 📂 Education

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Decision Summary

The appeal was dismissed because the petitioner, a private school, failed to establish that the Information Technology Teacher position qualifies as a specialty occupation. The AAO concluded that a bachelor's degree in a specific specialty is not a requirement for private school teachers, and the petitioner failed to demonstrate that the position was complex enough to require one, that it was a common requirement in the industry, or that the petitioner itself normally required a degree.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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