remanded
H-1B
remanded H-1B Case: It Consulting
Avoid this H-1B denial in your own petition.
No credit card. Generate your first draft in minutes.
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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Draft your H-1B petition with AAO-aware structure
MeritDraft helps organize your evidence into a compliant petition draft grounded in USCIS criteria and attorney-style reasoning.
Sign Up Free →No credit card required. Generate your first petition draft in minutes.