dismissed H-1B

dismissed H-1B Case: Rehabilitation Counseling

📅 Date unknown 👤 Organization 📂 Rehabilitation Counseling

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Decision Summary

The appeal was dismissed because the petitioner failed to prove the proffered position of 'direct support professional' qualifies as a specialty occupation. The AAO determined that the acceptable range of bachelor's degrees was too broad and disparate (including psychology, social work, criminal justice, and religion), failing to meet the requirement for a degree in a 'specific specialty.' The evidence submitted did not establish that a specialized degree is a normal minimum requirement for the position or common within the industry.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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