remanded
H-1B
remanded H-1B Case: Dentistry
Decision Summary
The director denied the petition, concluding the position of 'dental specialist/researcher' was akin to a medical records technician, which does not require a bachelor's degree. The AAO disagreed, finding that many of the beneficiary's duties, such as analyzing patient records and conditions, are typically performed by dentists, an occupation requiring an advanced degree. Consequently, the AAO found the position qualified as a specialty occupation and remanded the case for a new decision.
Criteria Discussed
Specialty Occupation Definition Normal Minimum Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Common To The Industry Whether Duties Are So Specialized And Complex To Require A Degree
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