Remanded
H-1B
H-1B Remanded — Information Technology (2016): the Director incorrectly denied the petition by first
Decision Summary
The appeal was remanded because the Director incorrectly denied the petition by first analyzing the beneficiary's qualifications rather than whether the proffered position itself qualifies as a specialty occupation. The AAO found the record lacked sufficient detail about the specific duties and location of the 'Computer Programmer' role to make a determination. The case was sent back for the Director to properly analyze the position first.
Criteria Discussed
Specialty Occupation Definition Beneficiary Qualifications Position Requires A Bachelor'S Degree Or Higher Degree Requirement Is Common To The Industry Employer Normally Requires A Degree Duties Are Specialized And Complex
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