remanded
H-1B
remanded H-1B Case: Dental Technology
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Decision Summary
The director's decision was withdrawn and the case remanded. The AAO found that the director erred in classifying the proffered role of 'dental materials test engineer' as a dental laboratory technician. While the AAO agreed the position did not meet the first two criteria for a specialty occupation, it required a new analysis and decision based on the other criteria.
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 Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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