H-1B Dismissed — Occupational Therapy: did not establish the beneficiary was qualified to perform

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary was qualified to perform the duties of the specialty occupation. Although the AAO had previously determined the position qualified as a specialty occupation akin to an occupational therapist, the petitioner did not provide evidence of the beneficiary's required state license to practice.

Criteria Discussed

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