Dismissed
H-1B
H-1B Dismissed — Medicine (2006): did not establish the proposed position of a registered
Decision Summary
The appeal was dismissed because the petitioner, a hospital, failed to establish that the proposed position of a registered nurse qualifies as a specialty occupation. The director and the AAO found that none of the four regulatory criteria were met, specifically that a bachelor's degree is not always the minimum requirement for entry into the occupation of registered nurse. The petitioner's argument regarding prior approvals of similar petitions was rejected, as each case is decided on its own merits and previous erroneous approvals are not binding.
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 Or 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 Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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