dismissed
H-1B
dismissed H-1B Case: Music
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Decision Summary
The appeal was dismissed because the AAO affirmed the director's revocation of the petition. The AAO agreed with the director's finding that the proffered position of a musician (instrumental violinist) does not qualify as a specialty occupation, as it does not meet the regulatory requirement of normally needing a bachelor's degree in a specific field for entry.
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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