H-1B Remanded — Home Decor Distribution (2020): the AAO could not properly determine if the position

Decision Summary

The appeal was remanded because the AAO could not properly determine if the position qualified as a specialty occupation. There was a significant discrepancy between the duties described and the Standard Occupational Classification (SOC) code selected on the Labor Condition Application (LCA). The case was sent back to the Director to first determine if the LCA was certified for the appropriate occupational category before making a new decision on the specialty occupation issue.

Criteria Discussed

Sign up free to download the original PDF