remanded H-1B

remanded H-1B Case: E-Commerce

📅 Date unknown 👤 Company 📂 E-Commerce

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Decision Summary

The Director's decision to deny the petition based on the beneficiary's qualifications was withdrawn. The AAO remanded the case because the record did not first establish that the proffered 'category manager' position itself qualifies as a specialty occupation. The petitioner's stated requirement for a general business degree or a degree in one of several disparate fields was insufficient to prove the position requires a degree in a specific specialty.

Criteria Discussed

Beneficiary'S Qualifications Whether The Position Qualifies As A Specialty Occupation Requirement Of A Baccalaureate Or Higher Degree In A Specific Specialty Whether The Employer Normally Requires A Degree For The Position Whether The Degree Requirement Is Common To The Industry Whether The Duties Are So Specialized And Complex As To Require A Degree

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