Remanded
H-1B
H-1B Remanded — Education (2005): the director denied the petition, finding the petitioner
Decision Summary
The director denied the petition, finding the petitioner had not established it was a U.S. employer. The AAO found the petitioner, a public charter school, did provide sufficient evidence of its existence and operations. However, the case was remanded because the director had not made a determination on the substantive issues of whether the position qualifies as a specialty occupation and if the beneficiary is qualified, requiring a new decision on these merits.
Criteria Discussed
Whether The Position Qualifies As A Specialty Occupation Whether The Petitioner Is A United States Employer Whether The Beneficiary Is Qualified For The Position Whether The Labor Condition Application (Lca) Requirement Was Met
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