H-1B Remanded — Accounting (2021): the Director erred by using the wrong source, the DOL's

Decision Summary

The appeal was remanded because the Director erred by using the wrong source, the DOL's Occupational Outlook Handbook, to determine the position's occupational classification instead of the required O*NET description. The AAO withdrew the decision and sent the case back for the Director to re-evaluate the LCA analysis using the correct source and to consider whether new job duties submitted on appeal constituted a material change to the petition.

Criteria Discussed

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