Dismissed
H-1B
H-1B Dismissed — Health Services Management (2006): did not establish the proffered position of 'night shift
Decision Summary
The appeal was dismissed because the petitioner, an assisted living facility, failed to establish that the proffered position of 'night shift health services manager' qualified as a specialty occupation. The AAO determined that none of the four regulatory criteria were met, finding that a bachelor's degree is not a normal minimum requirement for the role, the duties resembled those of a registered nurse rather than a manager requiring a degree, and the petitioner did not prove the position was uniquely complex or that they normally required a degree for it.
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 Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →