H-1B Dismissed — Education (2015): did not establish the proffered position of 'lead teacher'

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position of 'lead teacher' qualified as a specialty occupation. The director found, and the AAO agreed, that the evidence indicated the petitioner was primarily a child day care service, not an elementary school, and the role did not require a bachelor's degree. The petitioner's attempt to reclassify the position as a 'First Grade teacher' on appeal was rejected as an impermissible material change to the petition.

Criteria Discussed

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