dismissed
H-1B
dismissed H-1B Case: Medicine
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of medical researcher qualifies as a specialty occupation. The AAO determined the duties were more similar to those of a registered nurse, which does not strictly require a bachelor's degree for entry. As an additional reason for denial, the beneficiary was not licensed as a nurse in California, which would be required to perform the duties of the position.
Criteria Discussed
A Baccalaureate Or Higher Degree Is The Normal Minimum Requirement The Degree Requirement Is Common To The Industry The Employer Normally Requires A Degree For The Position The Nature Of The Duties Are Specialized And Complex Beneficiary'S Qualifications And Licensure
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