Remanded
H-1B
H-1B Remanded — Land Surveying And Civil Engineering (2006): the director denied the petition, finding the position was
Decision Summary
The director denied the petition, finding the position was not a specialty occupation and the beneficiary lacked required licensure. The AAO found the position did qualify as a specialty occupation based on the complexity of the duties and that the beneficiary was exempt from licensure as a subordinate. However, the case was remanded for a new decision on whether the beneficiary's foreign degree qualifies her for the specialty occupation.
Criteria Discussed
Baccalaureate Or Higher Degree Is Normal Minimum Requirement Degree Requirement Is Common To The Industry Or Position Is Complex/Unique Employer Normally Requires A Degree Nature Of The Specific Duties Is So Specialized And Complex Beneficiary Qualifications (Licensure And Degree Equivalency)
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