dismissed
H-1B
dismissed H-1B Case: Healthcare
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'services program director' qualifies as a specialty occupation. The petitioner did not prove that a bachelor's degree is the normal minimum requirement for the role, that the requirement is common to the industry, or that the duties are sufficiently specialized and complex, thereby failing to meet any of the four regulatory criteria.
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 The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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