H-1B Sustained — Medicine (2005): the director denied the petition because the beneficiary

Decision Summary

The director denied the petition because the beneficiary did not possess the required state medical license. The AAO sustained the appeal, finding that the only obstacle to obtaining the license was the lack of a Social Security Number, which the beneficiary could not get while in H-4 status. Citing a policy memo allowing for such situations, the AAO approved the petition for one year so the beneficiary could obtain an SSN and then the license.

Criteria Discussed

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