H-1B Remanded — Health Services (2006): the director initially denied the petition because the

Decision Summary

The director initially denied the petition because the beneficiary was not qualified. The AAO disagreed, finding the beneficiary's foreign nursing degree was sufficient under state licensing standards. However, the AAO remanded the case because the record did not establish that the position itself qualifies as a specialty occupation, since the minimum entry requirements could be met with less than a bachelor's degree.

Criteria Discussed

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