dismissed H-1B

dismissed H-1B Case: Nursing

📅 Date unknown 👤 Company 📂 Nursing

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Decision Summary

The appeal was dismissed because the petitioner, a nursing staff provider, failed to establish that the proffered position of a supervisory nurse qualifies as a specialty occupation. The director and the AAO concluded that the petitioner did not meet any of the four regulatory criteria, such as demonstrating that a bachelor's degree in a specific specialty is the minimum requirement for the position. The AAO also noted inconsistencies in the evidence regarding the beneficiary's actual duties and ultimate employer.

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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dismissed H-1B Case: Nursing

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

Decision Summary

Criteria Discussed

Related Decisions

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