H-1B Remanded — High Tech Equipment Distribution (2006): the director denied the petition after concluding that the

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

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