dismissed
H-1B
dismissed H-1B Case: Language Instruction
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of foreign language instructor qualifies as a specialty occupation. The AAO concluded that a bachelor's degree in a specific specialty is not the normal minimum requirement for the position, and the petitioner did not prove that the degree requirement is common in the industry or that the duties are uniquely complex.
Criteria Discussed
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Complex/Unique Employer Normally Requires A Degree For The Position Nature Of The Duties Are So Specialized And Complex That They Require A Degree
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