remanded H-1B

remanded H-1B Case: Systems Analysis

📅 Date unknown 👤 Company 📂 Systems Analysis

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Decision Summary

The director denied the petition by mischaracterizing the proffered 'systems analyst' role as a 'management analyst' position and finding it did not qualify. The AAO found that the director failed to consider substantial evidence supporting the systems analyst classification, including the job duties, the Labor Condition Application (LCA), and an expert opinion. The case was remanded for a new decision to be made based on the correct occupational classification.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position. The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations, Or The Position Is So Complex Or Unique That It Can Only Be Performed By An Individual With A Degree. The Employer Normally Requires A Degree Or Its Equivalent For The Position. The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree.

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remanded H-1B Case: Systems Analysis

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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