H-1B Remanded — Engineering (2020): the AAO could not make an ultimate eligibility

Decision Summary

The appeal was remanded because the AAO could not make an ultimate eligibility determination due to significant issues with the Labor Condition Application (LCA). The record was insufficient to determine if the position's occupational category and prevailing wage rate on the LCA were correct. The case was sent back to the Director to make a determination on the LCA issues before deciding the specialty occupation question.

Criteria Discussed

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