H-1B Dismissed — Physical Therapy (2006): the beneficiary was not qualified to perform the duties of

Decision Summary

The appeal was dismissed because the beneficiary was not qualified to perform the duties of a specialty occupation. The proffered position of physical therapist requires a state license in California, which the beneficiary did not possess. The petitioner's argument that the beneficiary met other qualification criteria was insufficient, as regulations require a license if the occupation mandates one for practice.

Criteria Discussed

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