remanded H-1B Case: Software Development
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Decision Summary
The case was remanded because a recent Ninth Circuit court decision, Innova Sols., Inc. v. Baran, appeared to impact the Director's original analysis on the specialty-occupation issue. The AAO also identified additional issues for the Director to consider, including whether the Labor Condition Application's SOC code and wage level correspond to the actual job duties, which appeared inconsistent and potentially more aligned with a 'Software Quality Assurance Analyst and Tester' than a 'Computer Programmer'.
Criteria Discussed
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