H-1B Dismissed — Occupational Therapy (2006): did not establish the beneficiary was qualified for the

Decision Summary

The appeal was dismissed because the petitioner failed to prove the beneficiary was qualified for the specialty occupation position. Specifically, the beneficiary did not possess the required state license to practice as an occupational therapist in Pennsylvania at the time of filing, and the petitioner did not establish that the only obstacle to obtaining the license was the lack of a social security number.

Criteria Discussed

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