dismissed H-1B

dismissed H-1B Case: Nursing

📅 Date unknown 👤 Organization 📂 Nursing

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Decision Summary

The appeal was dismissed because the petitioner, a hospital, failed to establish that the proffered position of an operating room nurse qualifies as a specialty occupation. The AAO concluded that a bachelor's degree is not the normal minimum requirement for registered nurses, and the petitioner did not demonstrate that the specific duties were so specialized or complex as to require such a degree. Furthermore, the petitioner's own position description did not mandate a bachelor's degree.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is The Normal 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 Only Be Performed By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Are So Specialized And Complex That The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.

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dismissed H-1B Case: Nursing

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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