remanded EB-2 Case: Software Engineering
Decision Summary
The director denied the petition, asserting that the job offer, which allowed for a Bachelor's degree in 'Any Discipline,' did not qualify as a professional position requiring a specific degree. The AAO found the director's reliance on older case law was improper, as the current regulation defining a 'profession' does not mandate that the degree field must be directly related to the occupation. The case was remanded for reconsideration under the correct legal standard.
Criteria Discussed
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