remanded H-1B

remanded H-1B Case: High Tech Equipment Distribution

📅 Date unknown 👤 Company 📂 High Tech Equipment Distribution

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Decision Summary

The director denied the petition after concluding that the proffered position did not qualify as a specialty occupation, arguing the petitioner's business did not require a market research analyst and that the duties were more akin to a marketing manager. The AAO found that the director erred in classifying the position's duties, determining they were consistent with the DOL Handbook's description of a market research analyst. The case was remanded for a new decision to be made based on the correct occupational classification.

Criteria Discussed

Specialty Occupation Definition Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties

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