H-1B Remanded — Unknown (2022): the AAO identified a threshold issue that needed to be

Decision Summary

The appeal was remanded because the AAO identified a threshold issue that needed to be addressed before the merits of the denial. Specifically, the case was sent back to the Director to determine if the Labor Condition Application (LCA) properly corresponds with and supports the H-1B petition. The original denial was based on the position not qualifying as a specialty occupation and the beneficiary's qualifications, but the LCA issue must be reviewed first.

Criteria Discussed

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