Dismissed
H-1B
H-1B Dismissed — Orthodontics (2007): did not establish the proffered position of Dental
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
Normal Degree Requirement For The Position Degree Requirement Common To The Industry Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That A Degree Is Required
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