Dismissed
H-1B
H-1B Dismissed — Nursing (2006): did not establish the proffered registered nurse position
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered registered nurse position qualifies as a specialty occupation. The AAO concluded that a bachelor's degree is not the normal minimum requirement for entry into the nursing profession, citing the Department of Labor's Occupational Outlook Handbook. The petitioner's evidence was insufficient to prove that the duties of a critical care nurse were so complex or unique as to necessitate a baccalaureate degree.
Criteria Discussed
Baccalaureate Or Higher Degree Is Normal Minimum Requirement For The Position Degree Requirement Is Common To The Industry For Parallel Positions The Employer Normally Requires A Degree 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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