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 failed to prove that the proffered registered nurse position qualifies as a specialty occupation. The decision noted that, according to the Department of Labor's Occupational Outlook Handbook, a bachelor's degree is not the normal minimum requirement for entry into the occupation, as an associate's degree or diploma is also sufficient. The petitioner's argument that its ANCC Magnet status requires a bachelor's degree was found unpersuasive because that requirement applies to nurse managers, not the staff nurse position in question.

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, In The Alternative, An Employer May Show That Its Particular 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 Are 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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dismissed H-1B Case: Nursing

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

Decision Summary

Criteria Discussed

Related Decisions

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