H-1B Dismissed — Physical Fitness (2005): did not establish the proposed position of 'physical

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proposed position of 'physical fitness instructor' qualifies as a specialty occupation. Referencing the Department of Labor's Occupational Outlook Handbook, the AAO found that a bachelor's degree is not the normal minimum requirement for entry into this field. As the position itself did not qualify, the beneficiary's qualifications were deemed irrelevant.

Criteria Discussed

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