H-1B Remanded — Chiropractic Medicine: the director denied the petition, incorrectly finding the

Decision Summary

The director denied the petition, incorrectly finding the beneficiary ineligible as a foreign medical school graduate performing medical services. The AAO determined this rule was inapplicable because the proposed chiropractic researcher position does not require a medical degree. The case was remanded for the director to properly evaluate whether the position qualifies as a specialty occupation and if the beneficiary is qualified.

Criteria Discussed

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