dismissed H-1B

dismissed H-1B Case: Home Care

📅 Date unknown 👤 Company 📂 Home Care

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Decision Summary

The appeal was dismissed because the petitioner, a home care facility with 21 employees, failed to establish that the proffered position of human resource specialist qualifies as a specialty occupation. The director determined, and the AAO upheld, that the petitioner's business operations were not of a scope or complexity to require a human resources specialist with a degree, and that the duties were more similar to those of an office manager.

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, In The Alternative, 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

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dismissed H-1B Case: Home Care

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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