Dismissed
H-1B
H-1B Dismissed — Medicine (2005): did not establish the proffered position of medical
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical assistant qualifies as a specialty occupation. The AAO concluded, referencing the Department of Labor's Occupational Outlook Handbook, that a bachelor's degree is not a standard requirement for such a role. The petitioner did not provide sufficient evidence to meet any of the four regulatory criteria, such as proving the position's complexity or a consistent practice of requiring a degree.
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 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 The Knowledge Required Is Usually Associated With A Baccalaureate Or Higher Degree.
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