Dismissed
H-1B
H-1B Dismissed — Medical Technology (2004): did not establish the proffered position of Medical
Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position of Medical Technologist qualifies as a specialty occupation. The director concluded, based on the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not the normal minimum requirement for entry into the occupation, as it could be filled by individuals with a combination of education and training. The petitioner did not establish that its specific position was uniquely complex or that it normally requires a degree for the role.
Criteria Discussed
Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement For The Position Specialized And Complex Nature Of The Duties
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