Remanded
H-1B
H-1B Remanded — Dentistry (2006): the director initially denied the petition, concluding the
Decision Summary
The director initially denied the petition, concluding the position was a combination of a dental assistant and office manager, neither of which requires a degree. The AAO found that the position's duties—such as analyzing dental care, planning treatments, recommending procedures, and supervising other dentists—are consistent with those of a licensed dentist. Since the occupation of dentist requires at least a bachelor's degree (and typically a doctorate), the AAO determined the proffered position qualifies as a specialty occupation and remanded the case.
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 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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