remanded
H-1B
remanded H-1B Case: Interior Design
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Decision Summary
The director denied the petition, finding that the proffered interior designer position did not qualify as a specialty occupation. The AAO withdrew the director's decision and remanded the case for further action and consideration, indicating the initial denial was improper and required further review by the service center.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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