remanded
H-1B
remanded H-1B Case: Marketing/Translation
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Decision Summary
The appeal was remanded because the AAO disagreed with the director's reason for denial. The AAO found that the beneficiary was qualified for the position of marketing manager/Japanese translator, overturning the director's finding. However, the AAO then raised a new issue, determining that the proffered position itself does not qualify as a specialty occupation and remanded the case to allow the petitioner to address this new adverse finding.
Criteria Discussed
Beneficiary Qualifications (8 C.F.R. § 214.2(H)(4)(Iii)(C)) Specialty Occupation Definition (8 C.F.R. § 214.2(H)(4)(Iii)(A))
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