dismissed H-1B

dismissed H-1B Case: Orthodontics

📅 Date unknown 👤 Company 📂 Orthodontics

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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