remanded
H-1B
remanded H-1B Case: Dentistry
Decision Summary
The director denied the petition, concluding the 'dental researcher' position was not a specialty occupation and was similar to a dental assistant. The AAO disagreed, finding that the described duties (reviewing patient charts, suggesting treatments, constructing orthodontic appliances) align with those performed by dentists, an occupation that requires an advanced degree. Therefore, the AAO determined the position qualified as a specialty occupation and remanded the case for a new decision.
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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