remanded
H-1B
remanded H-1B Case: Healthcare
Decision Summary
The director's decision was withdrawn and the case remanded because the AAO disagreed with the director's characterization of the proffered position. The AAO determined that the duties were not those of a medical writer or research assistant, as previously concluded, but instead a more complex quality assurance and data analysis role. A new decision is required to properly evaluate if this re-characterized position qualifies as a specialty occupation.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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