sustained H-1B

sustained H-1B Case: Special Education

📅 Date unknown 👤 Organization 📂 Special Education

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Decision Summary

The director denied the petition, arguing the position was not a specialty occupation because the petitioner was not a school. The AAO sustained the appeal, concluding that the director failed to recognize the unique nature of the position, which is performed in a clinical or rehabilitation setting rather than a traditional school. The AAO found that the specialized duties related to Conductive Education required a specific bachelor's degree, thus qualifying the position as a specialty occupation.

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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sustained H-1B Case: Special Education

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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