sustained H-1B

sustained H-1B Case: Exercise Science

📅 Date unknown 👤 Company 📂 Exercise Science

Decision Summary

The director denied the petition, concluding the position of exercise physiologist/wellness center manager did not qualify as a specialty occupation. The AAO sustained the appeal, finding that the position's duties align with those of a fitness director as described in the Department of Labor's Occupational Outlook Handbook. The Handbook states that a bachelor's degree in a related field is normally required for such management positions, which satisfies the regulatory criteria for a specialty occupation.

Criteria Discussed

8 C.F.R. § 214.2(H)(4)(Iii)(A)(1) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(2) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(3) 8 C.F.R. § 214.2(H)(4)(Iii)(A)(4)

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