dismissed H-1B Case: Electrical Contracting
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Decision Summary
The motion to reconsider was denied because the petitioner's central argument, that USCIS should have given deference to a prior approval based on the 'Yates memo', was rejected. The AAO noted that the memo had been rescinded and, even when active, did not override the need for the petitioner to prove eligibility. The AAO reaffirmed the original finding that the petitioner failed to establish that the proffered 'business manager' position qualifies as a specialty occupation.
Criteria Discussed
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