remanded
H-1B
remanded H-1B Case: Rehabilitation Services
Decision Summary
The director initially denied the petition, concluding the 'manager of rehabilitation services' position was not a specialty occupation. The AAO remanded the case, finding that the petitioner successfully established that the position met at least one of the required criteria. The AAO reasoned that the beneficiary's duties, such as planning and directing health rehabilitation programs, parallel those of licensed physical and occupational therapists, for which a degree is a normal requirement.
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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