Remanded
H-1B
H-1B Remanded — Dentistry (2005): the director denied the petition after concluding the
Decision Summary
The director denied the petition after concluding the 'dental researcher' position was equivalent to a dental assistant, an occupation not requiring a bachelor's degree. The AAO found this to be an error, determining that the beneficiary's duties, such as suggesting treatments and constructing orthodontic appliances, aligned with those of a dentist, which is a specialty occupation requiring an advanced degree. Therefore, the case was remanded for a new decision based on this finding.
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 The Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.
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