H-1B Remanded — Data Science (2021): the Director applied the wrong regulatory provision when

Decision Summary

The appeal was remanded because the Director applied the wrong regulatory provision when evaluating the Beneficiary's qualifications. The AAO also noted the Director incorrectly claimed no evidence of the Beneficiary's prior job duties was on the record, when in fact letters of experience had been submitted. The case was sent back for a new decision under the correct standard.

Criteria Discussed

Sign up free to download the original PDF