H-1B Remanded — Software Development (2022): the Director improperly evaluated the Beneficiary's

Decision Summary

The appeal was remanded because the Director improperly evaluated the Beneficiary's qualifications without first determining if the proffered position was a specialty occupation. A second reason for the remand was that the Petitioner submitted new material evidence on appeal regarding the Beneficiary's qualifications, which the Director must now consider for the first time.

Criteria Discussed

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