H-1B Remanded — Hardware And Software Manufacturing (2020): the record was not sufficiently developed to determine if

Decision Summary

The appeal was remanded because the record was not sufficiently developed to determine if the position qualified as a specialty occupation. The AAO found it unclear whether the Labor Condition Application (LCA) was certified for the appropriate occupational category, as the described duties appeared to span multiple Standard Occupational Classification (SOC) codes. The case was sent back to the Director to first determine the appropriateness of the LCA before making a new decision on the specialty occupation issue.

Criteria Discussed

Sign up free to download the original PDF