remanded
H-1B
remanded H-1B Case: Information Management
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Decision Summary
The case was remanded because the Director committed a legal error in analyzing the beneficiary's qualifications. The Director improperly conflated the regulatory requirements for a credentials evaluation with those for a USCIS determination, applying standards to the petitioner's evidence that were not required for the method used. The case was sent back to be re-evaluated under the correct regulatory framework.
Criteria Discussed
Beneficiary Qualifications Educational Equivalency Work Experience Equivalency 8 C.F.R. § 214.2(H)(4)(Iii)(C) 8 C.F.R. § 214.2(H)(4)(Iii)(D)
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