dismissed H-1B Case: Health Services Management
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
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