H-1B Dismissed — Fitness (2006): did not establish the proffered position of 'physical

Decision Summary

The appeal was dismissed because the petitioner, a fitness center, failed to establish that the proffered position of 'physical educator and public health consultant' qualifies as a specialty occupation. The director concluded the duties resembled those of a fitness trainer, a role which the Department of Labor's Occupational Outlook Handbook indicates does not normally require a bachelor's degree in a specific specialty. The evidence provided was insufficient to prove that a degree is a normal industry requirement for parallel positions or that the specific duties were uniquely complex.

Criteria Discussed

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