Remanded
H-1B
H-1B Remanded — Automotive Sales (2006): the director denied the petition, concluding that the
Decision Summary
The director denied the petition, concluding that the proffered 'sales manager' position did not qualify as a specialty occupation. The AAO found that the director's decision should be withdrawn and remanded the case back to the service center for the entry of a new decision, without making a final determination on the merits in this order.
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 The 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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