H-1B Remanded — Architecture (2006): the director's decision was withdrawn because the AAO found

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The director's decision was withdrawn because the AAO found that a valid employer-employee relationship can exist even when the beneficiary owns the petitioning corporation, as the corporation is a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

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