remanded
H-1B
remanded H-1B Case: Dentistry
Decision Summary
The director denied the petition, concluding the 'dental specialist' position did not qualify as a specialty occupation. The AAO found that many of the proposed duties were consistent with those of a dentist, an occupation which normally requires a Doctor of Dental Surgery (DDS) or Doctor of Dental Medicine (DMD) degree. Because the position's duties align with an occupation that requires a specific advanced degree, the AAO determined it met the criteria for 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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