Remanded
H-1B
H-1B Remanded — Information Technology (2017): the Director initially denied the petition based on the
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
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →