remanded
H-1B
remanded H-1B Case: Manufacturing Engineering
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Decision Summary
The appeal was remanded because the Director's decision was deemed insufficient for review. The AAO found that the Director failed to follow the correct legal standard, which requires first determining whether the proffered position qualifies as a specialty occupation before considering other factors. The case was sent back for a new decision that properly analyzes this issue.
Criteria Discussed
Specialty Occupation Definition Specialty Occupation Criteria (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Work Performed At Third-Party Client Sites
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