Dismissed
H-1B
H-1B Dismissed — Nursing Services (2006): did not establish the proposed position of 'associate
Decision Summary
The appeal was dismissed because the petitioner failed to prove the proposed position of 'associate director for nursing services' qualifies as a specialty occupation. The AAO found that the position's duties more closely resembled a head nurse or nurse supervisor, which does not require a bachelor's degree as a minimum for entry into the occupation. According to the Occupational Outlook Handbook, alternative paths like an associate's degree or a diploma are sufficient for registered nursing positions, thus the position did not meet the H-1B specialty occupation criteria.
Criteria Discussed
Normal Minimum Requirement Is A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Position Is So Complex Or Unique It Requires A Degree Employer Normally Requires A Degree Duties Are So Specialized And Complex They Require Knowledge Associated With A Degree
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