remanded H-1B

remanded H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The Director initially denied the petition based on the Beneficiary's qualifications. The AAO found this was an error, as the primary determination must be whether the proffered position itself qualifies as a specialty occupation. The AAO concluded the record did not establish that the 'business systems consultant' role met the specialty occupation criteria, and therefore remanded the case for the Director to issue a new decision after properly analyzing this issue.

Criteria Discussed

Specialty Occupation Beneficiary Qualifications Normal Degree Requirement (8 C.F.R. § 214.2(H)(4)(Iii)(A)(1))

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