Remanded
H-1B
H-1B Remanded — Structural Engineering: the AAO reopened the case on its own motion, following a
Decision Summary
The AAO reopened the case on its own motion, following a lawsuit filed by the petitioner, to reconsider a prior dismissal. This decision is a request for further evidence because the record is insufficient to establish that the proffered 'structural steel detailer' position qualifies as a specialty occupation. The AAO noted inconsistencies in the job's characterization (drafter vs. architect) and found the evidence of the petitioner's degree requirement for the role to be unpersuasive.
Criteria Discussed
Specialty Occupation Determination Prior Approval Deference Consistency Of Position Characterization Complexity Of Job Duties Employer'S Hiring Practices
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