H-1B Remanded — Hvac Manufacturing (2021): of significant inconsistencies in the record concerning the

Decision Summary

The appeal was remanded because of significant inconsistencies in the record concerning the proffered position's requirements. The petitioner claimed the role required extensive experience (12+ years) and potentially multiple advanced degrees (MBA and engineering), which contradicts the Level II wage indicated on the Labor Condition Application (LCA). The AAO found these requirements might justify a much higher Level IV wage, and thus remanded the case for the Director to clarify the position's actual requirements and determine if the LCA corresponds with the petition.

Criteria Discussed

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