Remanded
H-1B
H-1B Remanded — Software Development (2022): the Director's denial was procedurally flawed and
Decision Summary
The appeal was remanded because the Director's denial was procedurally flawed and insufficient for review. The Director incorrectly focused on the Beneficiary's qualifications without first properly determining whether the proffered software developer position itself qualified as a specialty occupation. The case was sent back for the Director to conduct the proper two-step analysis and issue a new decision.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For Position Common Degree Requirement In Industry Position'S Complexity Or Uniqueness Employer'S Normal Degree Requirement Specialized And Complex Duties Beneficiary'S Qualifications
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