remanded
H-1B
remanded H-1B Case: Interior Design
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Decision Summary
The Director denied the petition by concluding the beneficiary was not qualified, without first determining if the proffered position itself qualified as a specialty occupation. The AAO remanded the matter, stating that the primary analysis must be whether the position is a specialty occupation, and only then should the beneficiary's qualifications be considered.
Criteria Discussed
Beneficiary Qualifications Specialty Occupation Definition Normal Degree Requirement For Position
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