H-1B Remanded — Engineering (2023): the Director denied the petition, concluding the Labor

Decision Summary

The Director denied the petition, concluding the Labor Condition Application (LCA) was invalid because it did not use the highest paying occupational code for a position with combined duties. The AAO remanded the case because the Director failed to provide a meaningful opportunity for the Petitioner to rebut this reasoning, instructing the Director to re-evaluate the position's duties and issue a new, well-reasoned decision.

Criteria Discussed

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