remanded H-1B

remanded H-1B Case: Construction

📅 Date unknown 👤 Company 📂 Construction

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Decision Summary

The director denied the petition because the petitioner failed to submit requested quarterly wage reports (DE-6 forms), arguing this prevented a determination of the business's nature and viability. The AAO found that the failure to submit this specific evidence did not preclude a material line of inquiry and was not a sufficient basis for denial. Therefore, the petition was remanded for a new decision based on the merits of whether the position qualifies as a specialty occupation.

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, In The Alternative, An Employer May Show That Its Particular 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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remanded H-1B Case: Construction

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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