remanded
H-1B
remanded H-1B Case: Health Care
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Decision Summary
The Director denied the petition based on the Beneficiary's qualifications without first establishing if the position itself qualified as a specialty occupation. The AAO determined that the proper legal standard requires first analyzing whether the proffered role is a specialty occupation. The case was therefore remanded for the Director to conduct this analysis and issue a new decision.
Criteria Discussed
Specialty Occupation Definition Beneficiary Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
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