dismissed
H-1B
dismissed H-1B Case: Health And Wellness
Decision Summary
The appeal was dismissed because the petitioner did not establish that the proffered position of 'Spa Healthcare Manager' qualifies as a specialty occupation. The AAO found that the petitioner failed to demonstrate that a bachelor's degree in a specific specialty is the normal minimum requirement for this particular position, referencing the DOL's Occupational Outlook Handbook which indicates varied educational requirements for similar roles.
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 The 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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