remanded
H-1B
remanded H-1B Case: Manufacturing Engineering
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Decision Summary
The Director's decision was withdrawn and the case was remanded. The AAO found a preemptive issue with the Labor Condition Application (LCA), noting that the petitioner's requirement of 7-10 years of experience likely necessitates a Level IV prevailing wage, not the Level I wage designated on the LCA. The matter was sent back for the Director to first resolve the wage level discrepancy before making any other eligibility determinations.
Criteria Discussed
Lca Correspondence With Petition Prevailing Wage Determination Required Years Of Experience Beneficiary Qualifications Specialty Occupation
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