Remanded
H-1B
H-1B Remanded — Computer Science: the director's decision was withdrawn and the case was
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The director's decision was withdrawn and the case was remanded.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
Lca Job Title Consistency Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Hiring Requirement Specialized And Complex Duties
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