H-1B Remanded — Biochemistry (2021): did not establish position as a specialty occupation, an

Decision Summary

The Director denied the petition for failing to establish the position as a specialty occupation, an issue not raised in the initial Request for Evidence (RFE). Because the petitioner was not put on notice of this deficiency and submitted new evidence on appeal to address it, the AAO remanded the case for the Director to consider this new evidence. The AAO also instructed the Director to consider ambiguities regarding the position's duties, SOC code, and required educational level.

Criteria Discussed

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