sustained H-1B Case: Aviation

Decision Summary

The director initially denied the petition, asserting that a flight instructor position is not typically a specialty occupation. The appeal was sustained because the AAO found that this specific position was sufficiently specialized and complex, as it included duties as an adjunct professor teaching college-level aeronautics courses at an affiliated university. These advanced teaching responsibilities made the attainment of a bachelor's degree a necessity, thus qualifying the position as a specialty occupation.

Criteria Discussed

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