H-1B Remanded — Marketing (2020): the AAO determined that the record was not sufficiently

Decision Summary

The appeal was remanded because the AAO determined that the record was not sufficiently developed to make a decision on whether the position qualified as a specialty occupation. The primary issue was a potential mismatch between the job duties described in the petition and the Standard Occupational Classification (SOC) code designated on the certified Labor Condition Application (LCA). The AAO sent the case back for the Director to first determine if the LCA corresponds to the position before re-evaluating the specialty occupation question.

Criteria Discussed

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