H-1B Remanded — E-Commerce (2015): the Director denied the petition by concluding the

Decision Summary

The Director denied the petition by concluding the Beneficiary was not qualified, which is the incorrect order of analysis. The AAO stated that the primary determination must first be whether the proffered position qualifies as a specialty occupation, before considering the beneficiary's credentials. The case was remanded for the Director to conduct the proper analysis and issue a new decision.

Criteria Discussed

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