remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because policy guidance regarding the employer-employee relationship, a basis for the initial denial, was rescinded following a court decision. The AAO also identified new issues for the Director to consider, such as vague job duties and inconsistent minimum qualifications, which question whether the position qualifies as a specialty occupation.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Labor Condition Application (Lca)
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