Remanded
H-1B
H-1B Remanded — Adult Day Care (2005): the AAO found that the Program Director position at an
Decision Summary
The AAO found that the Program Director position at an adult day care center qualifies as a specialty occupation, contrary to the director's initial denial. Citing California state regulations and labor market data, the AAO determined that a specific bachelor's degree is required for the role. The case was remanded for the director to determine if the beneficiary is qualified, specifically whether she possesses the necessary state occupational therapy license to perform the job duties.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Beneficiary'S Qualifications To Perform The Duties Of The Specialty Occupation
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