H-1B Remanded — Information Technology (2019): the Director's denial was found to be premature

Decision Summary

The Director's denial was found to be premature. The AAO determined that the Labor Condition Application (LCA) may not correspond to the H-1B petition because the petitioner likely selected an incorrect, lower-paying occupational classification. The case was remanded for the Director to first resolve the LCA correspondence issue before re-evaluating whether the position qualifies as a specialty occupation.

Criteria Discussed

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