H-1B Sustained — Healthcare (2015): the director initially denied the petition for failing to

Decision Summary

The director initially denied the petition for failing to establish the position as a specialty occupation. The appeal was sustained because the petitioner submitted evidence on appeal that the beneficiary had obtained the required state license from the Department of Health, which was issued one day before the director's denial. The AAO found that this license satisfied the requirements, proving both that the position is a specialty occupation and that the beneficiary is qualified.

Criteria Discussed

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