remanded
H-1B
remanded H-1B Case: Information Technology
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Decision Summary
The appeal was remanded because the Director's decision was insufficient for review. The Director incorrectly focused on the beneficiary's qualifications without first determining whether the proffered position qualified as a specialty occupation. The AAO found the evidence, such as the Statements of Work, was insufficient to establish the substantive nature of the work at the time of filing and returned the case for a new decision.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications Eligibility At Time Of Filing
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