remanded
H-1B
remanded H-1B Case: Education
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
Specialty Occupation Definition U.S. Employer Status Beneficiary'S Qualifications Labor Condition Application (Lca) Requirements
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