H-1B Remanded — Information Technology (2019): the decision was remanded because the Director's initial

Decision Summary

The decision was remanded because the Director's initial denial was insufficient for review. The Director failed to follow the proper legal standard by denying the case based on the beneficiary's qualifications without first determining if the proffered position qualified as a specialty occupation. The AAO instructed the Director to re-evaluate the case, starting with the specialty occupation issue, for which the current record was also found to be deficient.

Criteria Discussed

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