remanded H-1B Case: Computer Science
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Decision Summary
The director's decision was withdrawn and the case was remanded. Although the petitioner successfully argued that the job title discrepancy between the LCA and Form I-129 was not a valid basis for denial, the AAO found the record did not establish that the proposed computer programmer position qualified as a specialty occupation under any of the four regulatory criteria. The case was sent back for the director to issue a new decision on the specialty occupation issue.
Criteria Discussed
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