remanded
H-1B
remanded H-1B Case: Information Technology
Decision Summary
The Director initially denied the petition, finding that the proffered position did not qualify as a specialty occupation. The matter was remanded because the petitioner submitted additional evidence on appeal which the Director had not yet reviewed. The AAO sent the case back for a new decision based on the complete record.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 9508077 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date: AUG . 13, 2020 The Petitioner, an information technology consulting and staffing company, seeks to temporarily employ the Beneficiary as a "management analyst" under the H-lB nonimmigrant classification for specialty occupations. See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The H-lB program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for entry into the position. The Director of the California Service Center denied the petition, concluding that the evidence of record does not establish that the proffered position qualifies as a specialty occupation. The Director also concluded that the evidence was insufficient to establish that the Beneficiary will perform services in a specialty occupation for a requested period of intended employment. Upon de nova review, we will remand the matter for the entry of a new decision. The Petitioner submits additional evidence on appeal including letters from the vendor and the end-client, affidavits, an agreement between the end-client and the vendor, and a work order. The Petitioner asserts that the evidence submitted establishes eligibility . Because the Director has not yet addressed the additional evidence, we shall return the matter for the Director to consider the Petitioner's claim anew. ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a new decision.
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