remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because the AAO could not determine if the proffered position qualified as a specialty occupation. The primary issue was whether the Labor Condition Application (LCA) was certified for the appropriate occupational category, as the described duties seemed to span multiple SOC codes. The matter was sent back to the Director to first determine if the LCA corresponds to the petition before making a new decision on the specialty occupation question.
Criteria Discussed
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