H-1B Remanded — It Consulting (2020): the decision was remanded because the Director's denial was

Decision Summary

The decision was remanded because the Director's denial was deemed insufficient for review. The Director failed to follow the legal standard set by Defensor v. Meissner, which requires evaluating the job requirements of the end-client, not just the petitioning consulting firm. The matter was sent back for the Director to properly analyze whether the end-client's position qualifies as a specialty occupation and then re-evaluate the beneficiary's qualifications.

Criteria Discussed

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