Remanded
H-1B
H-1B Remanded — Software Development (2021): a recent Ninth Circuit court decision, Innova Sols., Inc
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
Specialty Occupation Lca Correspondence Prevailing Wage Level Soc Code
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →