remanded
H-1B
remanded H-1B Case: Marketing/Translation
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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