remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The Director initially denied the petition based on the beneficiary's qualifications. The AAO found that the Director failed to first address the more fundamental issue of whether the proffered position itself qualifies as a specialty occupation. The case was remanded for the Director to properly analyze this threshold issue first, especially as the record contained inconsistent descriptions of the job duties.
Criteria Discussed
Beneficiary Qualifications Specialty Occupation Definition Normal Degree Requirement For Position Industry Standard Degree Requirement Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Duties
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