Remanded
H-1B
H-1B Remanded — Habilitation Counseling (2024): the Director denied the petition, concluding the proffered
Decision Summary
The Director denied the petition, concluding the proffered job of a habilitation counselor did not qualify as a specialty occupation because the duties were described in general terms. The AAO found that the petitioner's response to a request for evidence sufficiently detailed the specialized and complex nature of the duties, which included a multifaceted approach to rehabilitation, collaboration with a multidisciplinary team, and development of individualized treatment plans. Consequently, the AAO withdrew the Director's decision and remanded the case for a new decision.
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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