dismissed
H-1B
dismissed H-1B Case: Exercise Science
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Decision Summary
The appeal was dismissed because the petitioner, a private university, failed to establish that the proffered position of "Exercise Specialist" qualifies as a specialty occupation. The Director and the AAO concluded that the evidence did not demonstrate that the position requires a bachelor's or higher degree in a specific specialty as a minimum for entry, as mandated by statute and regulation.
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 Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree 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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