remanded
H-1B
remanded H-1B Case: Dentistry
Decision Summary
The director's denial was remanded because the AAO found the proposed 'dental specialist' position qualified as a specialty occupation. The AAO determined that many of the beneficiary's duties, including managing dental programs and demonstrating proper dental techniques, are consistent with the occupation of a dentist. Since a professional degree in dentistry is the standard educational requirement for dentists, the position meets the regulatory criteria for a specialty occupation.
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, In The Alternative, An Employer May Show That Its Particular 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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