dismissed
H-1B
dismissed H-1B Case: Nursing Care
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proposed case manager position qualifies as a specialty occupation. The AAO found that the petitioner did not prove that a bachelor's degree in a specific specialty is the normal minimum requirement for the role, is common to the industry, or that the duties are sufficiently complex to necessitate such a degree.
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 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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