Remanded
H-1B
H-1B Remanded — It Consulting (2015): the Director denied the petition by incorrectly focusing on
Decision Summary
The Director denied the petition by incorrectly focusing on the beneficiary's qualifications. The AAO determined that the Director must first analyze whether the proffered position itself qualifies as a specialty occupation before considering the beneficiary's credentials. The case was remanded for a new decision that follows the proper two-step analysis.
Criteria Discussed
Specialty Occupation Definition Beneficiary Qualifications Normal Degree Requirement For Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties
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