H-1B Remanded — Education: the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established it was a valid U.S. employer. On appeal, the petitioner, a public charter school, submitted sufficient evidence to prove its legitimate operations. The AAO remanded the case because the director had not yet made a determination on the substantive issues of whether the teaching position qualifies as a specialty occupation and if the beneficiary is qualified.

Criteria Discussed

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