remanded
H-1B
remanded H-1B Case: E-Commerce
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
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
Normal Degree Requirement Industry Commonality Employer'S Normal Requirement Specialized And Complex Duties
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your H-1B petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.