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 DE-6 quarterly wage reports, which the director claimed was necessary to determine the nature and viability of the business. The AAO found that the director misinterpreted the relevant regulation (8 C.F.R § 103.2(b)(14)) and that the failure to submit these specific documents did not preclude a material line of inquiry. Therefore, the case was remanded for a new decision on the merits of the specialty occupation claim.

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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remanded H-1B Case: Construction

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

Decision Summary

Criteria Discussed

Related Decisions

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