remanded
H-1B
remanded H-1B Case: Architecture
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Decision Summary
The director's decision was withdrawn because the AAO found that a valid employer-employee relationship can exist even when the beneficiary owns the petitioning corporation, as the corporation is a separate legal entity. The case was remanded for the director to determine if the proffered position qualifies as a specialty occupation and if the beneficiary is qualified for the role, issues that were not previously addressed.
Criteria Discussed
Employer-Employee Relationship Specialty Occupation Beneficiary Qualifications
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