remanded
H-1B
remanded H-1B Case: Transportation
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Decision Summary
The Director revoked the petition's approval because the beneficiary was deemed unqualified for the position. The AAO found that the Director failed to first address the more fundamental issue of whether the proffered position qualifies as a specialty occupation. Therefore, the case was remanded for the Director to first analyze if the position is a specialty occupation before considering the beneficiary's qualifications.
Criteria Discussed
Specialty Occupation Beneficiary Qualifications
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