remanded
H-1B
remanded H-1B Case: Public Relations
Decision Summary
The Director initially denied the petition, concluding the proffered position of 'statistical analyst' did not qualify as a specialty occupation. The matter was remanded because the petitioner submitted additional evidence on appeal, and the AAO determined the Director should first review this new evidence and issue a new decision.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services In Re: 8798821 Appeal of Vermont Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (H-lB) Non-Precedent Decision of the Administrative Appeals Office Date : APR. 24. 2020 The Petitioner, a public relations agency, seeks to temporarily employ the Beneficiary as a "statistical analyst" under the H-lB nonimmigrant classification for specialty occupations . See Immigration and Nationality Act (the Act) section 101(a)(15)(H)(i)(b), 8 U.S .C. ยง 1101(a)(15)(H)(i)(b) . The H-lB program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that requires both (a) the theoretical and practical application of a body of highly specialized knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty ( or its equivalent) as a minimum prerequisite for entry into the position. The Director of the Vermont Service Center denied the petition, concluding that the evidence of record does not establish that the proffered position qualifies as a specialty occupation. Upon de nova review, we will remand the matter for the entry of a new decision. The Petitioner submits additional evidence on appeal including an opinion letter, job announcements by the Petitioner and other companies, and work samples. The Petitioner asserts that the evidence submitted demonstrates that the proffered position qualifies as a specialty occupation. Because the Director has not yet addressed the additional evidence, we shall return the matter for the Director to consider the Petitioner's claim anew. ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a new decision .
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