remanded
H-1B
remanded H-1B Case: Computer Science
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Decision Summary
The director's decision was withdrawn because the AAO found that the petitioner, through a closely affiliated entity, did in fact qualify as a U.S. employer and had an employer-employee relationship with the beneficiary. However, the case was remanded because the AAO could not determine from the record whether the proposed position of systems analyst qualified as a specialty occupation or if the beneficiary was qualified to perform its duties.
Criteria Discussed
Definition Of A U.S. Employer (8 C.F.R. § 214.2(H)(4)(Ii)) Employer-Employee Relationship Definition Of Specialty Occupation (Ina § 214(I)(1)) Criteria For Specialty Occupation (8 C.F.R. § 214.2(H)(4)(Iii)(A))
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