remanded
H-1B
remanded H-1B Case: Software Development
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Decision Summary
The director denied the petition for failure to respond to a notice regarding the petitioner's corporate status. The AAO found this reason improper, as the adverse information was not determinative for H-1B eligibility and appeared to pertain to a different entity. The case was remanded for the director to properly adjudicate the core issues of whether the position is a specialty occupation and if the beneficiary is qualified.
Criteria Discussed
Specialty Occupation U.S. Employer Definition Beneficiary Qualifications
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