Dismissed
H-1B
H-1B Dismissed — Human Services (2024): the AAO concluded the proffered 'direct care professional'
Decision Summary
The appeal was dismissed because the AAO concluded the proffered 'direct care professional' position did not qualify as a specialty occupation. The decision centered on the petitioner's minimum requirements, which allowed for a bachelor's degree in a wide range of fields (psychology, sociology, social work, education, etc.) or a high school diploma with experience. This broad acceptance failed to demonstrate that the position requires a degree in a specific specialty, a core tenet of the H-1B classification.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Complexity And Specialization Of Duties
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