dismissed H-1B Case: Orthodontics
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Decision Summary
The appeal was dismissed because the petitioner, an orthodontics office, failed to prove that the proffered position of Dental Assistant qualifies as a specialty occupation. The AAO found that the petitioner did not establish that a bachelor's degree is a normal requirement for the position, referencing the Department of Labor's Occupational Outlook Handbook. The petitioner's argument that the role was a 'head assistant' with training duties was insufficient to elevate the position to one requiring a baccalaureate degree.
Criteria Discussed
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