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 this premature, stating that the primary determination must be whether the proffered position qualifies as a specialty occupation, an issue the Director had not addressed. The case was remanded for the Director to analyze the specialty occupation criteria and issue a new decision.
Criteria Discussed
Beneficiary'S Qualifications 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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