remanded
H-1B
remanded H-1B Case: Dentistry
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Decision Summary
The director's decision was withdrawn because the AAO determined that the proposed dental specialist/researcher position qualifies as a specialty occupation, as its duties align with those of a dentist which requires a doctoral degree. The petition was remanded for the director to allow the petitioner to submit evidence that the beneficiary is qualified and licensed to perform the duties of the position, an issue not previously addressed.
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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