remanded
H-1B
remanded H-1B Case: Dentistry
Decision Summary
The director's denial, based on the position not being a specialty occupation, was withdrawn. The AAO found that the position's duties, which include assisting dentists with diagnosis, do require a dental degree, thus making it a specialty occupation. However, the case was remanded for the director to determine if the beneficiary is qualified, as the record lacked evidence of the beneficiary possessing the required state license to practice dentistry.
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 Are 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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