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

Decision Summary

The director denied the petition because the beneficiary, an anesthesiologist, did not possess a medical license for the state of intended employment. The AAO sustained the appeal, finding that the beneficiary had met all requirements for the license and the state board was merely waiting for confirmation of the beneficiary's legal right to work, which the H-1B approval itself would provide. Citing policy for such 'catch-22' situations, the petition was approved for one year to allow the beneficiary to obtain the license.

Criteria Discussed

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