dismissed
H-1B
dismissed H-1B Case: Healthcare Administration
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the position of an administrator at a residential care facility for the developmentally disabled qualifies as a specialty occupation. The AAO determined that the petitioner did not demonstrate that the position's duties were so complex or specialized as to require a bachelor's degree in a specific field, which is the core requirement for an H-1B visa.
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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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